i/«,TC VINDICATION OF THE CONDUCT and PRINCIPLES OF THE PRINTER OF %\)t Jletoatft f^ralD; AN APPEAL TO THE JUSTICE OF THE PEOPLE OF ENGLAND,, ON THE RESULT OF TWO RECENT AND EXTRAORDINARY PROSECUTIONS FOR LIBELS. WITH AN APPENDIX* By DANIEL HOLT, PRINTER OF THE NEWARK HERALD, ♦ORBIDDEN WRITINGS ARE GENERALLY THOUGHT TO BE CSS* "tAIN SPARKS OF TRUTH, THAT FLY UP IN THE FACES' OF THOSS %YUO SEEK TO TREAD THEM DOWN. Lord JBaCCX, $ctoatlt; PRINTED AND SOID BY THE AUTHOR ; COLD AtSO BY SUTTON, NOTTINGHAM*. GALES, SHEFFIELD* H. D. SYMONDS. PATERNOSTER ROW; J . R I D G\V AY, YORK-STREET ; D.I.EATON. N L YV GATE •STREET 5 A^D g, CROSBY, STATIONER'S COURT, LONBO??. _ W,DCC,XCIV. 9 8? 6 • TO THE PUBLlt ; 'T'HE Writer of the enfuing pages, wifhes to depre* cate the feverity of Criticifm, fhould Criticifm >: ever be exercifed on a production fo much beneath its jg attention. Confcious that it abounds in grammatical - J and other errors, he wifhes to excufe faults of fuck magnitude, by faying, that his objeB has been not fo much " to write a book," as to vindicate his cha- racter from thofe afperfions which the malevolence of Jome, and the intere/l and ignorance of others, have S endeavoured to cafl upon it. — Dragged by his numc- wo rous enemies from that happy obfcurity in which he lived ; forced from that " divine oblivion of low % thoughted care," in which he pa/fed his days, he has been unwillingly obliged to commence Author " in his own defpite" As he fins in this inflance againfl his own inclination, he hopes his tranfgrejfions againfl li- terary propriety will be forgiven him % ^ Purfutcl as he has been by the furious, unceafing, ~j and vindictive malice oj a numerous herd of aflocia- g ted political affaffins, and doomed to an almojl unex- qmpkd imprifonmcnt t by the unrelenting hand of legal a 301081 IT *0 THE PUBLIC. feverity, he throws himfdf upon the humanity, hene* volence, and candour of the Britijh Nation, as the lajl and only tribunal to which he can appeal, and from which he fully expects impartiality, jujlice, and ^r&teBion. To no other power can he now addrefs himfelf and to that power he trujls no apology is nc- cejfary Jor bringing his fingular and unparalleled cafe before them ; for ** The cafe of an individual be* ** comes a matter of public appeal, and dejerves to ex- " cite univerfal anxiety and alarm, whenever it is mark- kf ed by injuflice and opprejfion. The people are loudly * c called on to oppofe every afl of individual tyran~ u ny, exercifed againfl the common rights and liber- " ties of the JubjeH ; otherwife, they may be ajfured iC it will be eagerly feized as a precedent by'thofe in " power, and, once eflabliflied, may eventually termi- ** nate in the total annihilation of every thing mojl f * dear which our ancejlors bequeathed us,*'* ? Cafe of Charles Pigott, 8vo, Eaton* 17&* C«h3 THE KING AGAINST DANIEL HOLT, INFORMATION. N'ottinghamJJiireA "O E it remembered that Sir Archibald to wit. J 1J> Macdonald, Knight, Attorney Ge- neral of our prefent Sovereign Lord the King, who for our faid Lord the King in this behalf profecutes in his own proper perfon comes here into the Court of our faid Lord the King, before the King himfelf, at Weflmin- fter, on Wednefday next after the ocfave of Saint Hilary, in this fame term, and for our faid Lord the King, giveth. the Court here to underfland and be informed, that DANIEL HOLT, late of Newakk-upon-Trent in the County of Nottingham, Printer, being a zaickd, ma- licious, Jeditious,z\\& ill difpofed perfon, and being greatly dijajftcled to oui faid Lord the King, and to the Conlli-v tut ion and Government of this kingdom, and wickedly t malicioujly, and feditioufly •, dcfigmng, contriving, and in- tending to difturb the peace and tranquility 01 our faid Lord the King, and of this kingdom, and to fcandalize, defame, and vilify his faid Majefty's Government and the Parliament and Statutes of this kingdom, and the Repre- fentatives of the People of this kingdom in the Parlia- loent thereof, and to bring them refpeftively into hatred aad contempt with his MajeuVs fubjects, and to reprefent A 2 {ty INFORMATION?. and caufe it to be believed by his faid Majefty's fubjefls tha^ their faid Reprefrntatives ;n Parliament were corrupt and profligate, and betrayed their Rights and Interejis, and to excite and Jlir up dijcontent, and /edition amongft his faid M-je fly's fuhje&s, on the Firft day of January, in the ^ hirty Third year of the reign of our faid Lord the now King, at Newark-upon-Trent, in the faid county of Not- tingham, to complete, p erf eel, and bring to effttl his faid wicked contrivances and intentions, wicktdly, malicioufly \ and feditioufly did print ad publifhand caufedto be print- ed and publifhed in the form of an Addrefs to the Tradef- men, Mechanics, Labourers and other Inhabitants of the Town ot Newark atorefaid on a Parliamenrary Reform, a certain wicked, fcandaious, and feditious Libel (amongft other things) of and concerning his faid Majefty's Go- vernment and the adminiflration thereof, and of and con- cerning the Parliament and Statutes of this Kingdom, and of and concerning the Reprefentatives of the People of this kingdom in the Parliament thereof, in one part of the faid L bel according to the tenor aud effeft following % That is to fay, " 6. If the prefent inequality of reprefentation [mean* ing reprefentation in the parliament of this kingdom] and length of Parliaments {meaning the Parliaments of this king* dom] be the cauies of Parliamentary Corruption, as they undoubtedly are, [meaning that the prefent Parliament of this kingdom as to the Reprefentatives of the People in the Parliament, was undoubtedly corrupt'] we muft remove the caufes before the effecl will ceafe. " 7. By a corrupt Pailiament is meant that, which in- " ftead of being a fhield againfl unnecefTary taxation, is " the hired inffrument whereby the nation" [meaning this kingdom] " is pillaeed, that which inflead of proving a 11 check upon the Crown " [meaning the Crown of this INFORMATION, V kingdom] "when difpofed to engage in unnecelTary and " ruinous war:, i<> the brioed tool by which the nation'* [meaning this kingdom] " was finl gulled into an approba-» " tion of war, and afterwards drained of its blood and '* treadles to ca ry it on : — And again, uniform experi- 5f ence teaches us that wherever Parliaments" ^meaning the Parliament of tins kin gdom\ "are under an undue in- " fluence from the crown," [meaning the Crown of this kingdom] " thev are ever ready to betray the mod facred " Rights of the People." [meaning the fubjeds of this king* dom.] *' Suffice it at prefent to recall to your recollection •' a tew inllances only. In the reign of Henry Viii. [meaning Henry FIJI, heretofore King of England] " par- " liament " [meaning the then Parliament of this kingdoml *' ena61ed that ihe King's proclamation fhould have the 51 forte of law: in the reign oi William III." [meaning William III heretofore King of England j" they made a pre- ' " cedent for fufpending by ftatute the benefit of the Habeas "Corpus; and it has fince been feveral times praclifed : " in the reign of George I." [meaning George I. hereto^ fore King of Great Britain] " by means of the ftatute vul- " garly called the Riot Acl, all the conftitutional means " of giving fupport to the civil Magillrate were fupplant- " ed in favour ot the piactice of calling out the (landing" " army. That Government " [meaning the Government of this kingdom] " which cannot pieferve its authority with- 11 out !uch an inftrument, deierves not the name of go- " vernment ; and that country," [meaning this kingdom^ 14 in which it is an ordinary practice to fupport the exe- -' cution of its laws by a {landing army, is not a free coun- " try. But the dcadlieft wour.ds that freedom ever re- " ceived from parliament," [meaning the Parliament of this kingdom} " were thofe. which have been given it by the Vt JNFQRMATISNi 1 disfranchifing ftatute of Henry VI." [meaning Henrf VI. heretofore King of England] '* the triennial aft of/ 44 William III. [meaning William III. heretofore King of England] " and the feptennial aft of George I [meaning George I. heretofore King of Great Britain] '* for by the 44 joint operation of thofe three itatutes the very founda- ** tion of." the Conftitution " [meaning the Conjhtution of' this kingdom] "aie removed. Thofe ftatutes not only " defraud the nation [meaning this kingdom] " of fix parts " in feven both of its eleftion and its reprelentation, but " they have effeftuallv vitiated the remaining feventh. " 8. Parliaments chofen as they now are, and continu- " ing for feven years as they now do, will ever be com- 4t pofed, for the moft part, of a few faftions, under the 44 guidance of particular noblemen, perpetually contend- ci in, per Annum 1 ! ! 44 A LETTER TO THE had been pronounced a Libel in London, or even "the Author or primary publi flier profecuted for it ! ! 1 When I fir ft received notice of the information being filed at'dinft me for this offence, I could fcarcely perfuade myfelf that a ferious profecution was intended, as I certain- ly could not look upon that as a crime, which almoit every Bookfeller in the nation was then in the daily and hourly habit of doing in the way of bufinefs, and which had not th< n been declared in, the leaft illegah Every man of common fenfe would have drawn the fame conclufion, but 1 now know that the diftates of common fenfe, and the verdi&sof Juiymen, are fometimes two very different things. I had always (uppofed, that any publication which was deemed innocent in London, could not poflibly be found criminal in the country. It feems I have been miftaken. The different latitudes of places I find, makes a wonderful difference in the nature of Libels and fedition. Yet, notwithftanding all this latitudinal logic, 1 cannot forbear thinking, that to travel one hundred and twenty- four miles from London, to punifh a Bookfeller in the country, for felling what was then fold in London with impunity, in the face of day, and under the nofe of the Attorney General ; is a very new, and a very Angular method of enforcing the laws; of " adminiftring equal juftice to the pooreft and the proudeft," and of giving fupport to our molt excellent Conilitution ! This work of profecution would have had more the appearance of juftice and impartiality, had every Bookfel- ler been profecuted who had fold the popular but obnox- ious writings of Thomas Paine. Had this been the cafe, I imagine not fifty would have efcaped, as it is well known to every man in the trade, they were univerfally fold, in a greater or lefs degree, by every Bookfeller in INHABITANTS OF NEWAXK. 1$ the nation. Why they were not all profecuted, is not for me to fay. Want of evidence could not poflibly be the occafion of it, as the Attorney General declared in the Houfe of Commons, feveral months ago, that he had then filed two hundred informations , and behold fcarcely a dozen have yet been brought to trial !! ! The Affociators have frequently told us, my Fellow Townfmen, that they are the friends of juflice, and the fupporters of religion. I will relate the following anec- dote, and then leave you to form y r our opinions of the purity of their religious and political principles. — The fame day on which I lold the " Addrefs to the Addrejfcrs" a Clergyman, a member of the Alfociation, and eager of promotion no doubt, came into my fliop, and expie.'ied a ftrong wifh to purchafe a'copy of the " Rights oj Man." though the book had then been adjudged a Libel. This was told him, and alfo that it was not to be fold. Not- withftanding this, his defire to procure it was fo urgent, that he offered any fum of money to obtain it ! but the book was not to be fold. — Had he obtained the book, I am perfuaded, from feveral concurring circumflances, he would immediately have informed again ft me for gra- tifying his wifhes. — Was the conduct of this reverend gentleman, this friend to Church and King, confident with his declaration as an affociator, that he would " do all in. his power to dif countenance and prevent the fale of feditious publications " ? Or was it confiftent with his principles, as a Clergyman, " to tempt men to do evil ?" W T as it a meek, and brotherly fpirit that induced him to endeavour to en- fnare me, that he might have had an opportunity, if poffi* ble, of accomplifhing my ruin ? Was this the fpirit of the Gofpel ? — No ! It was the fpirit of tythes, of pluralities, of meannefs, wickednefs, and malice. It was " atroubledfpirit thai l6 A LETtlfc TO til 8 prevailed not" Did he judge of my principles by his own, in fuppofmg that a bribe would tempt me to aft il- legally ? Certainly he could not wifli me to do an aft, which he would be a'fhamed to commit himfelf. The confcquence of this zvell intended application, was a com- pliment to my integrity, and perhaps a bar to this reverend Aflociator's immediate preferment. — Had he been fucoefs- ful, who knows but he might have been revvarded with a Deanery or a Eijho prick ? At the fame time that I received notice of an In* formation being filed again ft me for felling the" AddreJ's to the Addreflers," 1 alfo received notice of another In- formation being filed againft me, for reprinting " An Ad- drefs to the Inhabitants oj Leeds, Sheffield, Birmingham, Mancheftcr, and other unrepresented Towns, on a Parlia- mentary Reform? 1 which was jirjl printed in the year 1782. As this cafe is of the greater! magnitude and im- portance to Printers, and the public in general ; — as it is likely to operate, if iol lowed up, as a total annihilation of the Liberty of the Prefs ; and as it has been attended with circumflances fo peculiarly oppreflive to me, I beg your indulgence, whilft I relate the particulars of this lingular profecution, pretty much at large. In the year 1782, meetings were held and Societies formed in mofl ol the " Counties and Cities," in the King- dom, for the cxprefs and avowed purpofe of obtaining a " Parliamentary Reformation."* From thefc feveral Soci- eties delegates were appointed, who affcmbled in London, at the Thatched Houfe Tavern.* The Delegates thus af- fcmbled confiilcd of moil of the firft characters of the age. Thatched JIcufeTjvcrn, May 16, 1782. * AT a numerous and rcfpcftablc Meeting of Members of Parliament* fiiccdly to a Confthutioual Reformation, and of Members of feveral INHABITANTS OF NEWARK. %? To promote the obje&s of the different focieties, fever- al^ pamphlets and papers were written and diftributed, amongft the people, and alfo advertifed in the public prints of the day. Amongft the reft of thefe produitions, was the paper for which I have been profecuted, and which was advertifed at the time of its firft publication in all the newfpapers. Before thefc. papers were given to Committees of Counties and Cities, PRESENT, -The Duke of Richmond, The Hon. William Piit t Lord Surry, The Rev. Mr. lVyvill a Lord Mahon, Major Cartzoright, The Lord Mayor, Mr. John Htrne Tookc t •Sir Watkin Lczves t Mr. Alderman WilAcs, Mr. Duncombe, Doclor Jelb* Sir C. Wray, Mr. Churchill^ Mr. B. Mollis, Mr. Frojl. Mr. Withers, &c. Oc. Be. u Refolved unanimoufly, "That the Motion of the Hon. William Pitt, on the 7th inftant* for the appointment of a Committee of the Houfe of Commons to enquire into the ftate of the Rcprefentation of the People of Great Britain, and to report the fame to the Houfe, and alio what fteps it might be neceffary to take, having been defeated by a motion for the order of the day, it is be- come indifpenftbly neceffary that application fhould be made to Parlia- ment by petitions from the collective body of t:;e people, in their lefpec- tive diftrifts requeuing a fubftantial reformation oi the Commons Houfe • f Parliament. " Refolved unammouflv» " That this Meeting, confidei ing that a general application by the co-il-c* five body of the people to the Houfe of Commons cannot be made b :! ,• .- t'»e clofc of the prefent Scflion, is of opinion that the fenQ of the in >;,'i piouldbe taken at fuch time as may be convenient during this Summer , in oi> ■'.>,■ to lay their fiier al Petitions before Parliament early in the rext Stjfion, u ' ■ ;. their pmpofiiS for a Parliamentary Reformation f Without uliich neither ih; . \j tat Nation can be preferved, nor the J > nn \ ■: of a ■:!'■■ 1,1! ••?,-- ■. ■ : lijiration can be fecure) may nunc ;.'...: u ■■• '. u-:i ''..-.. f.OKj u;h;chfj asmsntous et queflian demands." D i8 A LETTER, TO THE the public, I believe they were uniformly examined and- approved by the Committee, which then confifted of the following perfons : Duke of Richmond. Mr. J, Home Tooke." Lord Surrey, [now Hon. William Pitt Duke of Norfolk ) Rev. Mr. Wyvill. Lord Mahon (noio Major Cartwright. Earl Stanhope ) Mr. Aid. Wilkes. Sir Cecil Wray, Mr. Frofl, &c. &c. &c. You will pleafc to recolleO:, that laft year ("1792) fimt,- ]ar Societies, for fnnilar purpofes were formed in various parts of England. Several of thefe Societies had reprin- ted, without the leafl alteration, the paper in queltion. It. had alio found its way into that valuable, and fpiritad. publication, the * ; Patriot." In the month of Decem- ber 1792, the Nottingham Political Society, (who had previoufly done me the honor to appoint me, their Printer) fent me an order to print an imprellion from the copy then fent, and which copy had been very re- cently reprinted by the Political Society at Sheffield, When this paper firft came into my hands for the above purpofe, 1 did not hefitate a moment in committing it to the prefs, knowing it to have originally come from the Society at the Thatched Koufe Tavern, in the year 1782, of which Mr. Pit "r, the pre fent prime minijler of England^ the Duke of Richmond, now Mafler General of the Ord- nance, See. &c. were members ; under the fanftion, of fuch high and refpectable authority, / then fuppo fed, it would have been downright madnefs in me to have refufed to print it, or even to have entertained a momentary doubt ipon the fafety of the meafure. Iain perfuaded there is not a Printer in England who would not have done the fame. But I; now know that what was right and innocent, INHABITANTS OF NEWARK. lg .say even highly laudable in the year 1782, may not he equally lo ten years afterwards. In facl, I am at this very infiant experiencing an imprifonment of TWO YEARS, for priming a Libel which originally came out under the fanction, and with the public approbation of Mr. Pitt. That this unfortunate, paper, after ranging tine' the nation in a variety of forms, for ten years, with impunity ; after having been reprinted by the Poli- tical Society at Sheffield, again in the " Patriot," and by various other Societies, fhould at lafb be profecuted as a Libel, iffuing from my prefs, in the year 1792, is an in fiance fo Angularly oppreffive, as not eafily to be paral- leled in the whole hiflory of political perjecution. In the month of July laft, the Affizes were held at Nottingham, where, as a matter of courfe, my two profe- cutions came on for trial, and, as another matter of courfe too, before a Special Jury* The information for felling ■ As the nature of forming Special Juries is not generally under— 3ood, at Icaft in the Country, I fnall make no apology for introducing the following curious and intorefting accountof the manner in which they arc fcie&ed, to the notice of my readers. — It is taken from the trial or? John Horns Tooxe, Efa. for a Libel, in the year 1777. " Tiic fpecial Jury, favs Mr. Tcoke, yon may imagine ^re taken indif- f .re- .'V'.iV; End, as it may happen, from a Look containing nil the namea of thofe who are liable to ferve ; I thought fo when f read th^ Act of Par- m< ' appointing th p manner in which they fhould be a Ken : But when 1. came to attend to ftrike the fpecial Jury, a bo :k with n.:mes was pro- duced by the ShciuVs Officer ; I made what I thojght an im—tccprion- 'i';l" propo r al, I defired the Matter of the Crown tii.'.ce, ( whom do trrircly acquit, and do not mean the flighted chain-,, upon 1 I defired the I.'aftcr of the Crown Office, that he would be plcalcd to take thut book, open it where he would, begin where he would, at the top or at the bot- ; 5m, and only t#ke the firft forty-eight names that came, 'i faid I 'oped that to fuch a prnpofal the Solicitor oi the Ticaiuiy could', have nothing ' ivas miftr-ktHj he had fomcthing to objeft j hp thought th occurs and turns up, the Sheriffs O.'ficer fays, " O, Sir, he is dead." The Defendant, who docs not know all the world, and cannot know all tka INHABITANTS OF NEWARK. 21 pamphlet was publifhed by me long before it was proved to be a Libel in any court of judicature, and fold merely Same? in that book, does nrtt desire a dead man for his Jury-man. " Sir that man has retired," "That man does not anv longer live where he did." " Sir, that man is too old." 4< Sir this man has failed and be*, cornea Bankrupt." — " Sir, this man will not attend." O ( it is faid very reafonably ) " Let us have men thit will attend, otherwife the pur- pofes of a Soeciai Jury is defeated." It feemed very extraordinary to me. I wrote down the n?mes, and two of ihem which the officer objected to, I faved. " I begged them not to kill men thus without remorfe, as they have done in America, merely becaufe he or.derftood tbem to be friends to Liberty, that it i""- very true, vie fhali fee them alive again next week, and happy, but let them be alive to this eaufe." The firft name I took notice of was Mr. Sa i nsb u r y, a Tobaccomf* on Ludgate Hill. The Sheriffs Officer laid, he had been dead feren months ; that ftruck me. I am a lnuff taker, and buy my fnuffat his fhop, therefore I knew Mr. Sainfbury was not fo long dead : I afked h:m ftrictly, if he wa* fure Mr. Sairifbury was dead, and how long he had been dead. " Six or feven month-,." " Whv I read his name to day, he muft then fee dead within a day or two. fori faw in the Newfpapers that Mr. Sainfbury was appointed by the city of London, one of theCommittec," (It harden- ed to be the very fame day ) <: to receive the to'l of the .Thames Navi^a tion." and as the City of London does not often appoint dead men for lhef« purpofes, I concluded that the Sheriff's Officer was miftaken, and Mr. Sainfbury was permitted to be put down amongft you, Gentlcn en, ap- pointed fortius fpecial Jurv. Another Gentleman was Mr. Te r r i t, the booh faid he lived, I think, in Puddle Dock, the Sheriff's Officer faid " that Gentleman was retired, be was gone intothe country, lie did not live in town." It is true, he docs ( I am told) frequently gj into the countiy, ( for I enquired ) Hi* name was likewifc admitted with fome druggie. Mow what followed ? This dead man, and this retired mist were both flruck out by the Solicitor •f theTreaffiiy, the vet y men whom the Sheriff's Officer had killed and- ient into the country were ltruck out. and not admitted to be of the Jurv, Now Gentlemen, what d^cs that look like ? There were many other names of Men that were dead and had retired, which were left out. There is fomething more unfortunate in the cafe of a fpecial Jury, Ti.r Special Jury-men if they fail to attend that Trial for which they a: e ap« pointed, are never cenfured, fined, noi punifhed by the judge ; in the tri- al «f ohc of the printers, only ioar ot Ac Special Jury attended. Tins is A L E I T E R T O •li£ in the regular routine of ray bufinefs ; no proof being bicugbt oi any intention to circulate it in paviicular, rnor* kind in the chief Juftice, but if has a verv unwind confequence in the De~ fendant, ffpecially in a Trial ofthis nature ; for I will tell you what the cor.feqnence is. — The brfl ir,r n and the wo; It men ire fore io attend upon a fprcia! jury whercthe Crown is concerned ; the beA rr.cn from a nice fenfe of their Duty ; the word men from a fenfe of their intei of}. The befl men are known by ihe Solicitor of the Treafury ; fuch an one cannot be in above on" or two vc-rdiOs ; he tries no more caufes for the Crown. There is a ~i.ee; Soil ox man, who is indeed the mo ft proper to try all this kind of caufes; an impartial moderate, prudent man, who meddles with no opinions : that ni.in will not attend, for why fhou Id he get into a fcraie. He need nota'.iend ; he is fare not to he- ctnfured, why fhould lie attend ? The cer.f"; ■;-■!< --.ce fnliows that frequently only four or five men attend, and t ofe fucL ?s particularly ought not to attend in a Crown caufe. I do no c fav that it happens now, not that I cave , I da not mean to coax you, Gen-* ilemen, I have nethi; ; to fear, you have more to fear in the Verdict than J have, becaufc your co:rfcirnces -T-e at flake in the Vcrdift. I willdoiny duly not for the fak< of tbcvcrd'.ct. tCow what follows this pcrmiffionto Spe- cial Jiiiv-rnrn to attend or not, as the) like be ft ? Why every man that is Raping for a contiacT, or who has one, is fureto fhew h:s eagernefs and zeal. It happened fo in the trial of the farft caufe for this advevtifement. The Tauter fhewed rr.e the lift, arnoit' thein one oi the full I obferved, was Sir James Efdaile, Alderman of London, and a Contractor for the Armv (there wf re fevcral others; I do not mention the gentlemen's names) He would ha\c fir u ok him out, I fail] no, thfie are fo many bad that ought to be fi.ru ck oil, lave in Sir James ; it is impofiiblt that a magiftrate of .London! with ft> much bulinefs ! a Contracler under the Crown! if he bas any modefrv ! he cannot, an Alderman oi London i go down to id Special Jury-man in Middlefcx ! he was tlic Foreman of the Jury. He •was fnre to attend. And fo th.ev got the firft Verdict, in order to give them this influence upon men's minds " Wc have g'ot a verdict, tins fp;c!iirn has been determined by a Jary," Well, Gentlemer, having then got fuch a fpecial Jury as be ufuaJly doe* fz\ (' .r it ': I.'.o; ■ happens that twelve Gentlemen have fenfe enough of their duty 10 attend, as happens to be now my c afc) the Attorney General brings en the trial ; he tlien claims among!! other things, a right to reply, tiiougk no evidence is c oif. for the Defendant. liut hi r :dcs this, 1 tend yon before, that he claims a right of flopping it, when he pleafc:, hy witli-drawing a Juror. I fhouid be glad to hear that L N i I A B I T A >, T T S OK N E W ARK. 2 ^ than o*hcr i'ycvf publications of an/ d.Tcriptiou whatever. One of the witnehhs (Mr. S. Mi:.\TKii*) produced on the part of the profecution, prow', thai it a eonverfa- tionf he had with me on the fubjeci o. libelous publica- tions, previous ;o the fale u! t'.e pa:npl.!ci in queftion, [ informed him, that I ! a 1 taken out of my {.hop all fnch of Paim li's works as had then he ■. n declare! Libels, and that I intended not to vend any mere of them; nor would I. on any account, fell a Libel, knotting it to be one. — After t trial of live houi?, in which my Counfel, Me firs. Day- 1'. 1. 1. r. and Clarke, did all that great abil lie, lihe theirs could do in Inch a fituation, the Special Jury withdrew, tahimuhe pamphlet with them, and ic turned in about halt an hour with a verdict of— GUILTY! The Trial for LOniradiclcd and given np. Bui farther, if he lofes the Verdict, he pays no coils ; the Crown pays no coils. The miferable man that is harrailed, even though innocent, tho y jraiiiiner a Verdict under all thefe difadvanta>;es 'it it is poiliHe and whi'.h fi !dum happens) yet (till he mnft flaud by his colts, and they may be, you fee, whatevci they pleal'e to make them. Again, if the Attorney General gains averdifr, K^ pitniflaes whom hs pleafcs, and when he pleafes. I thiuk there were ; ight convi&ions for this advrrtiiement, yet but three have been called u.\ to judgment, on*, I think was let oil becaufc there was a little fa 1 ''.: fv/ea;ivig in the cafe, by an officer under tiie Crown. — (I allow it a rtai ,!y to have been a miftake, bee attic he is a ;ei.th:u:uu lI character) and there!';) ■■ it is accounted for how t! is cT.e. got oil', but how the o,h:r Printers cfcaped, whether from the t>i ; evoienee oi the A'tojr.cy Ge:-c; ;.i, I do r. t know. That is not ail. — He aggravates the punilLmcnt of the pcrfon againft. whom '•.•- gets a Verdict, if lie plcafes." I : : s •.v'.'.h i >* plea hire, I embrace t'rs on port unity of returning my pub he til a i . . > to '. . i Cieutj ti: ::i lor his or- en, candid, and manly evidence o l the tiial. — I wiih 1 could ip.ah of anotiici r.-J'b y.labie, but officious gci:- ucnian hi the Lu:e manner. •r Th.l' -onvcrfatiou ha, airea !y been laid befot - the reader in the for- 24 A LETTER TO THE reprinting ?.nd publifliing the following* " Addrefs" next came on, before another Special Jury. ADDRESS TO THE INHABITANTS OF LEEDS, SHEFFIELD, BIRMINGHAM* MANCHESTER, AND OTHER UNREPRESENTED TOWNS, ON A Parliamentary Reform. «' FRIENDS AND COUNTRYMEN, e * PERMIT mc, with the affection that every man ought to bear towards Lis fellow citizens, and with the anxiety that every citizen ought to ted. tor his country, to fubmit to your consideration the following reafons, why, in my humble opinion, the Reform of Parliament, now in agitation^ Ought not to be regarded by you with indifference; " 1. Being fubjeft to the legiflation of perfons whom other inert have f laced over you, it is evident that you are denied that which is the birth- ilghtol every Englishman, and without which he is not a fiee man, viz. a fhare in the making of thofe laws which have power over your proper- ties, your families, your lives, and liberties. " 2. Being veiy deepl) interelled in trade, not only at home, but im ill parts of the world, yon ought to have in parliament deputies well in- loimed on the fuhjecb ot commerce in all its branches, but more particular- ly acquainted with that which you in an efpecial manner commit to their guardianfhip, as your immediate reprefentatives. It is not otherwife poGible that your interefts mould b.e properly attended to. " 3. Should you not join the public fpiritcd towns and counties wha n»av petition for a reform in the national reprefentation, there is re a Ion to apprehend that it will be but very imperfc&ly amended. And if the amendment fall any thio^ fhoit of making Parliament independent of the t ' The 6'h, 7th, 8th, 19th, and aoth, articles in this Paper, are put in Ita'ics, they being the parts which weic deemed libellous by the Attorney General. The only alteration in this paper from the original copy, was tvjrely ihe title ; tl.it for v.hich 1 vjs profecutcdj being addi'efTcd tothc Irii.ubiiants, &c. ki oi Ncwaik." INHABITANTS OF NEWARK. 25 Crown, perhaps the only difference we may find, may b«, that it may henceforth coft the nation more to purchafe majorities for the Minifter', than it has hitherto clone; for, if corruption, inftead of being made impof- fible, be only rendered fomewhat more troubhfome, the additional trouble as well as the additional value of votes, mull be paid for. " 4 It is a truth known to you all, that a country which once lofes its liberty, muft fhortly lofe its trade alfo. Thus, on commercial principles ihemfelves, you are bound to contribute ynui fharc towards the reform of Parliament, although it fhould be attended with fome coft and labor. The fruitsof your induflry will prove to your children but a poor inheritance, if not accompanied with freedom. " 5. So long as a majority of the Houfe of Commons fhall continue to> be appointed by a number of borough electors, not exceeding /even thoufand, as now isthe cale ; fo long will bribery govern borough elections, corrup- tion be the charafterifhc of Parliament, and an cppreflivc taxation be the lot of the people. " 6. If the prefent inequaiitx of reprefentation and length of Parliaments I: the caufe of parliamentary corruption, as they undoubtedly are, we mujl remove the caufes before the ejfecl will cecfe. "7; By a corrupt Parliament is meant , that which, injlead of being a fiieli tgainfl unnccejfary taxation., is the hi red in liniment whereby the nation is pillaged^ that which, inflead of proving a check upon the Crown, when difpofed to en- gage in unnecelfary and ruinous wars, is the bribed tool by which the nation was firfl gulled into an approbation of zvar, and afterwards drained cf its blood and trcfures to carry it on : and again, uniform experience teaches us, thai whenever Parliaments are under an undue influence from the Crown, they are ever ready to betray the mofi /acred rights of the people. Suffice it a' prefent to recal to your recclhtlion a few inflances only. In the reign of Henry VIII. Parliament enatled, that the King's proclamation fhould have the force of law j in the reign of William III. they made a precedent for fufpending by fiatute the benefits cf the habeas corpus ; and it has ft nee been feveral times praElifed : it the reign of George I. I J means of the flatute, vulgarly calledthe riot aft, all the f tonftitutional means of giving fuppoit to the civil nagijlrate were Jul planted. in favor of the practice cf tailing cut the Handing army. That government which cannot preferve its authority without fuch an inflrument, deferves net th e name of government ; and that country, in which it is an ordinary praclice to fupport the execution of its laws by a [landing army, is not a free country. But the deadliejl wounds that freedom ever received from Parliament, were thefe which have been given it by the disfranchifing ftatute.of Hemy VI. the tri"* ennia] tft of William III. and the feptennial aft of George I. for by the 26 A LETTER TO THE joint Operation o/thofe three flatutes, the very foundations of the conjjitution arc removed. Thoff flatutes not only defraud the nation of fix farts in /even, hoik of its eletlion and its reprefentation, but they Lave ejfettitally vitiated the remain- ing ftventh. ' ; 8. Parliaments chofen as they new are, and continuing for Jcven years a! they now do, will ever' be compo/ed, for the mofl part, tf a few faQions, under the guidance of particular Noblemen, perpetually contending for the power and emo- luments of office. The common-fvidiery of the fe fever al factions, like that of all oilier /landing armies, is made up of mercenaries from the mofl idle and profli- gate orders of the community. Who fo idle, as men of pie afire, and the vicious part of our nobility and gentry ? Whofo profligate, as murdering nabobs, profit tute lawyers, and unprincipled advinturcrs, who, through the iniquity of corrupt eletlicms, mike their way into parliament, and there let out their tongues and their votes for hiie ? . " 9 Parliaments chofen as they ought to be, that is, by the whole na- tion in juft proportion, and continuing as they ought to do, for one f¥f. fion only, mull of courfe (as corruption •without doors would then be impoffble) confill of men mofl eminent for virtue and wifdom from every part of the kingom. Every difaict. and every town (freed from an undu* influence by the multitude of its electors) would undoubtedly appoint for its parliamentary reprefentative, or attorney, the perfon beft acquainted with its interefts, and belt qualified to promote them. Thefe reprefenia- tives, feclingthat dependence on their employers which an annual elec- tion would enfure, and carrying with them into Parliament characters of value, would be doubly guarded againft failing into temptation; befides their virtue would be farther fecurcd fiora this important confideratioiij that, as no Miniller in his fenfes would efteem it practicable to bribe a majority of fuch a Parliament, it follows, that bribing individuals could be of no ufe to him. " ic. But fuch a Parliament cannot be had unlefs we will revert to the firft principles of our confHtution, which we have fo fhamefully aban- doned. Since electing a Parliament is our only fecurity againft an arbitrary power in the crown, election itfelf mud be not only the common right, but the common duty of all the people, u 11. The only plaufiblc objection which is held forth, in order ta nifoourage the manufacturing towns from demanding reprefentation, name. Jv, the lofs if time amongfl the workmen that would be occifoned by elections y is an idle bugbear. "12. All the idlencfs and vice of modern elections in this country are the confequences of that very inequality ot reprefentation, and that long duration orParlb-ment; of which we complaiu. While all but the vilUin* INHABITANTS OF NEWARK. £7 • f fortntr times, that is, while all free fubjcttshzA. their votes, aad Par- liaments were chofen fometimes twice arid iometimes thrice in a year, tumult and debauchery at elections were unknown ; and there were not above two *r three cafe* of faife returns or difputed elections in the courfe of two hundred and fventeen years, as ftands proved by authentic records in the Tower. Ina jingle Parliament of the prefent reign, the trials upoa canted, d elections kWfiue large volu.nes ; and the profligacy (o frequent- ly attending the choice of members \s a reproach to our age and nation. — ■ Is it not lime the: to rcjlore a reprefentation of all , and p irliaments of afnglt f~Ju:i \finct they alone an enfure us peaceable and virtuous eUciims f "13. Prevent the temptation to the evil youdicad, and the evil itfelf will be prevented : this is a law of nature. If part fh officers, if common council men of London, and mayors of corporations, if committees for all forts of buhnefs, if, in fhort, deputies of any other defcription, can be annually or more frequently elected, without any evil conierjuences, is ' it not an infult to common fenfe to tell us, tha'- deputies for tranfacting our parliamentary bufinefs may not be elected a!fo ? Prevent, I fay, the Xemt'. tion to the evil you dread, and the evil itfelf will bs prevented. The temptation to the candidate is the hopes of a place, a title, or whateifc he can get from the miniiler ; the temptation to the borough. •lector is the candidate's treat and bribe. As elections of all, and fef~ fonal Parliaments, would cut up bv the roofs this commerce of corrup- tion, fo they would enfure you elections as peaceable and orderly, m your we^.ly meetings at divine fervice, or in your markets. Thus, that glorious woi d, eledion, which is not to be found in the dictionary of any enflaved nation, would be leftored amongft us to its plain and honcll fijjr.incdtion : carrying with it no oihM- idea, t:.aa that of a free chjisc of freemen, for (heir own benefit and kapp'.nefs. " 14. But if we cannot believe hiftory, nor place cor.fi Jence in records themfcives, let us, at lea':, truft our ownienfes, and obiervc what is the conduct of our fober and fa^acious brethren of America. If repiefcn- tarion be ofno u:'e to a trading people, and i: elections arc nuidnccs, wliy have the citizens of Philadelphia, Bo.lon, and all America, fecured to tliemfelves, by tneir new conftitution, an equal rcpref. '«.. 1 and annua' elcdions, as the very effeace of that conftitution which they inherit hi c namoii with ourfelvcs, and as that without which tiicv knew t.hey fhould mot be a tret people ? " 15- f you think to enjoy the benefits of reprefentation through per- iOijs thoj ly other .en, and over whole diimiiiion you have no power you much deceive yaurfclves. Suppoiing a merchant hud not the choice E 2 23 A LETTER TO THE ®f his own clerks, nor workmen, nor houfhold fervants, but they were t* he appointed for him by the excifeman, or by fome neighbouring Lord, who had an intereft in fo doing; and if, when fo appoin;ed, he could not get rid of them in lefs than feven years, let their idlenefs, extravagance, and diihonefly be ever fo glaring, and their infolence ever fo infufferakle, docs it need the fpiiit of prophecy to foretel, that his name would foon be in the Gazette, proclaiming him a ruined and mifcrable man ? And. is not that great merchant, the Nation, broaght to the verge of bankruptcy by thefe very means ? — A nation happy above otheis in the fertility of its foil, and the induflry of its inhabitants; a nation which now pofTeffes a diltrict of India, equal to the whole kingdom of France, and until the other day poffeffed alfo a continent in America, is neverthelefs, I fay, and bv the mear.s I have pointed out, nearly reduced to the condition of a bankrupt. In confequencc of lofing, through fupinefs, the appointment of its own clerks, workmen, and fervants, or in other words, its owa Parliament, it is now indebted two hundred and /event y millian.t of money, and not only its lands, but future indujlry, is deeply mortgaged for the pay-. nunt of the intereft; whereas, had it conftantly aiferted its rights, it need- ed not at this day to have owed a fhilling. " 16. As the intereft upon thefe two hundred and feventy millions is j 1.1ft fo much to be deducted from the national induftry, and as nations lefs taxed may confcquently underfellus at foreign markets, the manufacturing towns of this kingdom arc peculiarly and eminently intcrefted in restoring purity to parliaments. They ought alfo to recollect, tha t if it Le neglected an increafe of debt, and confcquently an increafc of taxes, muft follow ; for fo long as the cau/e of extravagance remains, the (JfeEl will not ccafe. "17. Although it is granted, that if petty boroughs and leptcnniaj Parliaments were ftill to remain injlatu quo, and the only alteration to be obtained, were a mere election of two members for each manufacturing town, the general advantage therefrom would be trifling, f thefe neighbourly and friendly characters was Mr . B L A N D Surgeon, and Apothecary, Man-midwife, and Alderman. This Gentleman ingenuoufly ftated, that as he was riding pad my printing office, fometime laft January (1793) he faw a perfon {licking up a large bill on the oppofite wall. On Mr. B's ftopping to read it, fome perfon from my office politely handed one over to him. that he might perufe it INHABITANTS OF NEWARK. 31 at Ills Ieiftire. Who this perfon was, Mr. B. could not fay, but he recollected feeing at the fame time, another perfon in the office, who wore a paper cap on his head, round which were the words •■ LIBERTY AND EOU." Either from the weaknefs of Mr. B's optic nerves, or ths treachery of his memory, he unfortunately could not fay what other letters finiihed the alarming fentence ! Mo ft probably it was fome treafon in embryo / Who knows, had the whole of this important infcription been difco- vered, but it might have proved the kev to that dark plot, which induced Mr. Pitt, to call out the militia, and the Duke of Richmond to fortify the Tower! What a pitvit is that Mr. B. did not make a more complete dif- covery ; as he might perhaps have faved the Metropolis of Great Britain, by the very fame means as once faved the Capitol of Rome " the cackling of a Goose ! ! " — After Mr. B's Jagacious evidence was clofed, my leading eounfel, Mr. Dayrell, then addreffed the Jury, in a very able, pointed, and energetic fpeech,* of confiderable length ; in which he expofed with fingular felicity, the various abufes that had crept into the government ; and verv fucccfs fully, and with great ability infilled on the right of every citizen to deliver his opinions on the form of government under which he lives, and dwelt with pecu- liar force and energy on the fingular cruelty of profecu- ting a man for REPRINTING, in the way of his bufi- nefs, a paper, fan.uo^ed by a:- fir ft characters of the age, and fubferibed by the two fir ft m^n in the prefent ad- minifiration viz. Mr. Pitt and the Duke of Richmond. He ftated, that the paper m que 'ion, had been printed in all the Newfpapers of the year J7S2, and notorioufly circulated throughout the kingdom for the fpace of ten' * ears ; and that he then held in his hand the origina* 32 A LETTER TO THE copy* from which the prefent paper was printed, and that lie fhouldcall evidence to prove that it had been fo print- er!, circulated, &c. &c. He then proceeded to call Ma- jor Cartwb ight, who was one of the committee at the Thatched Houfe Tavern, in the year 1782, by whom this paper was fir ft given to the public, but the counfel for the Crown obje&ed to the Major's being called, Mr. Dayrell ftienuoufly contended that he had a right lo produce any evidence that would" at all ferve the caufe of his client. To this it was anfwered, that it the Judge committed a miftakc in receiving the evidence, it could never be rectified orredrefted ; but if he did not receive the evidence, and it was afterwards difcovered that he was wrong in fo doing, a motion might be made for a new trial. The Counfel for the Crown furtherob_ f'erved, that it did not in the leaft fignify if the paper in queftion had been- fir ft printed in the year 1746 inflead of 3782, and had never before been noticed by government ; yet, if it was reprinted fo many years after, and the inuendoes would then apply to thofe titnts, + they cer- tainly had a right to profecute whenever and whofoever they pleafed ! ! ! Thefe obje&ions on the part of the Crown were admitted, and of courfe no evidence in my favor was examined ! After the fumming up by the Judge, the Jury withdrew, taking the paper with them, * The nanufcript copy of this paper is now in the hands of Mr. Frost who, I believe, is preparing it for the prefs, and -which with fomp curi- ous particulars concerning it , will be fpecdily laid before the public. r How inumdors, printed in the year 174S, or 1)82, could intentional. ly apply toeiicurnflancci forty-feven, or ten years after, except by the fpi- lit of prophecy, Iamatalofs to conceive! If this doctrine is to pre- vail we may loon expeel to fee the Bible adjudged "a falfe, fcandalous, wicked and feditiout Libel " and Samuel proved to be a Republican', David a Jacobin, and Ckk iit a Ltvelltr J ! ! INHABITANTS OF NEWARK. £« and returned in three quarters of an hour, with a verdift of— GUILTY ! ! !* On thefeVerdiels, at prefent, I fhall make no remarks, but haften to inform you, that in confcquence of them, I appeared in the Court of King's Bench, on Thurfday, November the 20th, to receive judgment, when the fol- lowing proceedings took place. After the Attorn ey General had moved for Judg- ment in the ufual form, Mr. Justice Grose read over the Report of the learned Judge on the trial of the firft Information. Mr. Erskine. My Lords, I am of Counfel for this Defendant, who has tk en found guilty on two Informations, and is now in Court ready to receive your Lordfhips* Judgment. — But I do not know that it may not be better to hear the learned Judge's Report on the feeond Inform-" ation, that I may take them both together: Attorney General. It is indifferent to me whe- ther the informations are taken together or not; but I hope your Lordihips will pafs a feparate Judgment on each Information. Lord Ken yon. That is matter of courfc. We muft pronounce diftinct Judgments on each offence. Separate punifhments certainly. Mr. Erskine. I know that; but, my Lords, I con- ceive that it is competent to me to fuggeft fuch reafons v I lament that I was difappointed of the aiuftance of a Short. hand Writer at thefe trials : but as the two cafes wrrt afterwards fo ably and • opioufly re-argued in rhe Court of Ktug's Bench, the om flion is not fo very material, as the Reader will find thofe proceedings reported at full lrngthj when he comes to that part of the Pamphlet. g4 . A LETTER TO THE es occur, to fhew that ray Client has been illegally cotl« vicled, and that if your Lordfhips lhculd.be of that opi- nion, he ought to have a new trial. Attor ney General. My Lords, this is the firft moment that I have heard it was the intention of my learn- ed friend to move for a new trial. At the fame time I would not wifh to be underflood that I meant to blame him, or to fay that he has no right to it. — I confefs I do not know, and I do not pretend to know, fo much of the practice of this court as to fay, whether or not an appl ca- tion for a new trial is now in time or not. Although I appear on behalf of the Crown, I do not with to deprive a defendant of any of his rights. I do not wifh by any means to fhut out his application. Lord Kenyon. Mr. Eifkine; can you produce any precedent where a new trial was granted after the fir ft four days of the Term alter trial, except in a few excepted cafes, where the court itfelf interfered. I remember per- fecily the cafe of the King and Cough is of that nature; as alfo the cafe of the King and Mop is. And there is one infta-ice or two more of the fame kind, that may be men'ioned. In the fir ft of thefe cafes a queftion arofe, " Whether the Town-Hall of Gloucefter was within the county of the city, or within the county at large ?" and the Court itfelf, on hearing the Report of the learned Judge read, were of opinion that it ought to go to a new trial ; but that wa^ the aft of the court itfelf, without any application from the Bar. Mr. Justice Ashurst. I have always underflood the rule of this Court to be, that a Defendant may move in aneft of Ju Igment at any time before Judgment is pi enounced ; but that a motion for a new trial muft be made within the fail four davs of the term after the Din INHABITANTS OF NEWARK, ^5 fendant is found guilty. Mr, Erskine. In the cafe of the King and Aylett, and in another cafe, to my certain knowledge, new trials were granted long after the four days i.i the lubfcquent Term had expired. A new trial was granted when the Defendants were in the Court ready to receive i s Judg- ment : — Nay, my Lords, I appeal to the w ! ole Bar, " whe- ther it is not their general opinion that a new trial may b? granted at any time before the Judgment of the court is pronounced ?" Lord K en yon. I very much doubt whether that is the general opinion of the Bar. I am informed by one of the officers of the court, that in the cafe of the King and A) lett, the court had expiefsly given leave to move for anew trial, on a future day. I have no with upon the fuhjeft either one way or the other. I wifh 'only to go according to the practice of the court. Mr. Erskine. My Lords, as on the one hand I do not wifh to deceive the court, fo on the other I fhould be extremely unwilling to give up any advantage or privilege which belongs to any man who puts his truft in me. Lord Ken yon. Let this motion be poltponed to the ftcond day of the next Term. Mr. Erskine. If it could be done without any in- convenience, I mould be dad that this cafe was feiJci at an earlier period. Lord Ken\on. We are now got to that peri-:! of the Term, when I do not know how we can do it i>\ an earlier period, confidently with the other bufmefs that mould be done. Why did not the Defendant move for a new trial within the firft four days cf the Term ? F 2 36 A LETTER TO THE Mr. Erskine. My Lord, I was only applied to yef- terday, and in the judgment of the Gentlemen who are concerned with me, as well as in m ; ;ie, we ought to take the previous opinion of the court, " whether this Gentle- man has been legally convi6ted ?" Lord Kenyon. Is the motion for a new trial meant to be made on what is difclofed in the report of the learn- ed Judge, or on affidavits ? Mr. Erskine. My Lord, it is meant to be moved on both. Lord Kenyon. Let it ftand over until Saturday^ when we may hear that multitude of cafes. Attorney General. My Lords, if the Defendant thinks that any ferious mifchief will refult to him from the verdifts that have been given under the idea that he had been illegally convi&ed ; I do not with that the Court ihould be troubled with hearing this argument ; but mail think it a fubftantial ground for faying, that I conceive it to be my dutv to permit the Defendant to bring it again before the Court. Lord Kkn yon. We, the Court, are bound, ex debits jujlitice, to hear this application to the Court, in as much as the practice of this Court is part of the Law of the land. Mr Bearcroft. The pracYice of this court, as I ■underftand it, is this. If the party moves for a new trial, he mufl move within the firfl four days of the next term ; but if what pafTed at the trial comes before the court in any courfe, and the Court fees the verdict is not right the Court (hall fee that juflice take place. Mr. Justice BuLLgR, In the cafe of the King and INHABITANTS OF NEWARK. rn GoUGH, on reading the Judge's Report, the Court was of opinion that the Defendant ought not to have been, convitled. Lord KknVon. I would not have a cloud hang over it, and therefore let it (land over to Saturday, to fee "what can be fakl upon it. Mr. Erskine. In point of reafon, my Lords, and of common fenfe, there is no differe- ce, whether the Defen- dant himfelf, or his Counfel for him, point out an error to the eye of the Court, or whether the court is led to difcover i by any other means. Lord Ken yon. Well. — Let the Defendant be re- manded. I was then accordingly remanded to the King's Bench prifon. The following Saturday morning I again appear- ed in court, when as before, the Attorney General mo- ved for the judgment of the court. Lord Ken 1 yon. Mr. Erskine ; this is the flage of this bufinefs when it is proper for you to fhew that it is allowable according to the practice of the Court, for a Defendant, after four days have elapfed in the Term, to move for a new trial, Mr. Erskine. My Lords, the Defendant now in Court being called upon on a former day to receive your Lordfhips Judgment, and the report of the learned Judge upon which alone he can receive that judgment, being read, I humbly fuggeRed to your Lordihip's that there was matter apparent on the face of it, which entitled me to afk \our Lordfhips not to pafs the judgment of the Court, but to grant a new trial. In that fiacre the bufi- nefs flood then; in that ftage thebufmefs {lands now; and 1.081 38 A LETTER TO THE what I am to ftate to the Court is neither more nor lefs than this : and to ftate it with that fubmiflion which every Advocate ou^ht to fl .ew to th" Court, and what lam fure I am always riifpi f< d u (hew; to fuggeft at no great length j that by the }i< cedents of the Court ; — by the rules and pra ence between criminal and civil Cufes. lam confirmed in that idea ; and I am perfuaded that noihing J fhaii hear to day will (hake my judgment in that matter. In civil ca'cs, your Lordfhips ft and, (thanks to the Con- stitution of our fathers) m a fuuation very different from that which you fill in criminal cafes, between the Crown and the Subject. Your Lordfhips, in adminiflering civil Juft ce, have no rule but that of Uriel, law to guide vou, and the Civil litigant muff have his judgment when he O JO can call for it. Your Lordfhips ftand, as criminal Judges, in a fi; uauon much more pleafant to yourfelves, and much more to ;hc aggrandizement of magiftracy. Although the Attorney General alone can guide the courfe of criminal juftice, as fei vant for the Crown, yet your Loid- ihips guide th^ adminiilration of criminal Juftice para- INHABITANTS OF NEWARK. 39 mount to him, and no prnfecution can advance a flep far- ther than the Court thinks it ought to advance. — In a re- cent cafe, which I cite to your Lordfhijvs honor, tried be- fore vou at Guildhall, for perjury. On the trial of that caufe contradictory evidence appealed, and you- Lord- fhip interpofed on the part of the Defendant. Had that been a civil fuit, I have no difficulty in faying, that the evidence whicli made thaf impreffion on your LoHfhios mind, would hive made no fuchimpreffi >n. Had it been a civil cafe, I mould have taken the judgment of the court on what fell from your Lordlhip. Bui in a Criminal cafe, and where I was Handing 'or the Crown, and there was no civil litigant to cla ; m his rights ; your Lordfhips in that cafe reprefented thermjeftv of the public, and the li- berty of the Defendant, and held trn fcales between tliem. No man who knows his character, will advance one flep bejond what is proper. — x - fi 1 1 the w ;ole courfe of crimi. nal juftice falling in with that idea, and I tru.fr. I (hall not live to fee the time when it is otherwtfe. In civil ca r es the party may help himfeli ; the verdict is a warrant for judgment. He ma/ give a rule on t e pofiea, and when that rule h expired he mar fign the judgment of the court, unlefs *hf* oppofite party has moved o- anew trial. The Coup ha< Ltid that rule flail be within the fir ft four days of the next term, andtheie'ore vour Lord flips fee the party can fi«n jiHgm^nt ot himfelf, unlefs the judg- ment which, he can fi ; • is (laved by the interpolation of the court on n:otio 1. I contend that 1 ma, move in ar- reft of jucb-ment aher the lour davs, and any time before the judgment is prorounced. When your Lordfhips are addrelfed in civil caf. s, in the middle of a term for a new trial, is theie any in fiance of the Court's lefufmg, on the ground that i 4 , would be breaking through the rules and .lattice or the Court ? No counfei can Hate that ever 4<3 A LETTER TO THE fuch a motion was refufed him, therefore the right of trrf* party to his civil remedy muft he governed according to the ftricl practice of the Court ; whereas, in criminal ca- fes, your Lordfhips have interfered very differently ;— yet even in civil cafes, wire e there has been any mifappre- henfion, any miftake, judgment has beerf arretted, and your Lordfhips have received a motion for a new trial, when, by the rules of the Court, judgment ought to have been given. The firft cafe that I fhall mention, is that of Burt and Barlow, reported m Douglas, 162: that was an action tried before Mr. Justice Blackstone, at the affizes for Kent. Mr. Rou s moved for anew trial. Wednefday the 21ft of April, was the firft day of the Term, and by the practice of the courf it n.uft, be moved within lour days inclufive, fo that Saturday was the ] aft day for moving ; — however, the learned counfel mo- ved on the fourth dayexclufive of the firft ;and the rule was granted. I mention this cafe to your Lordfhips, to fhew, that it is not refufed after the expiration of the firft four da s ; if, under the circumttances of the particular cafe there is any reafon and propriety tor the Court to interpofe. I once more beg leave to remind the Court, that I am making no motion lor a new trial, bin am direct- ing the judgment and attention of the Court to the Report of the learned Judge. I am therefore now doing what the Defendant, {landing filent before your Lordfhips, could not do forhimfelf. 1 might look round to all the Gentle- men at the Bar, and afk, whether any thing is more notori- ous, than that there are a hundred inftances where the court have not refufed to grant a new trial after the expiration of the four days. Lord Kenyon. Mr. Erskin e, what is the mean- ing of this praftice, that when a perfon has been found guilty, four days mull clapfc before there can be a judg- INHABITANTS OF NEWARK* Al *ne:it. quod capiatur ? Mr. Erskine. No one inflance can be ilalcd, where the Cf>urt has laid to a man fta ncing tor ji dgment, " You " come \G> late to a'k for a new trial ; you outfit to have " come vitliin the fir ft tour days ot ti e term." I con- tend ihat the cafe of the King and Gougi-i is preciieiy in point ; it is repotted by Mr. Douglas, in a man- ner very different horn that in which it was reported, by he court ; a;:d no man v. ill perfuade me that, that learn- ed gemieman did not know what the court was about warn he ieported that cafe. 1 his is a remarkable cafe in every part ot it, and will apply very particularly to the prefent cafe. The cafe of the King and Gough, was an Indictment winch came on to be ti'ed at the spring aflizes for GlouctJUr, 1777. The objection wa^, want of jurifdic- ti m ip. the couiry jury to try arte fierce charged to have been committed within the count/ ot the city : the evi- dence was not before the court ; the Defendant ftcod cuiltv on the evidence: — it was not pretended tj be faid that he had fufured injuftice, becau e he was ordered to pay a penalty where the mind was inn- cen: ; but it was a. tec nc.il objection to the junfdi&ion ot the court that tried it. The mtegi ity ot the jury was not called in quef- tion ; the trial was not riifputed, nor was it doubted that he had juft.ee duly adminiilered to him, and he came un- der that objection on ' he 2 yd r,f hh,y 1781 after the 1 mfe of fourteen Terms: I come before your Lor'fhrns with- out the intervention of one. In that cafe the Defendant brcucht up tor judgment, when Mr. Justice Bul- ' '^-' •• ' ' e report ot the evidence even at the ■; Mr. Justice Grose ha; done intiie ■r which the Court observed that the w LER r> an over trial ol t' a: c . orefmt cafe ; G /•?, A LETTER TO THE conviction appeared extraordinary, and that a new trial was proper. Mr. Dunning faid he fhould have made a motion for that purv>ofe, it he had thought it competent after fo Ion v a time after the conviction ; vet the court in th-ir difcrction planted a rule foi a new trial. What does Lord I.Iaksfi eld do in this cafe — he did, what he aK\ays did, and what he will be remembered for here- after;* — ln tiie face of the report, and to confider v iiether any error occurred to them iurficient to induce them to grant anew trial. With regard to the cafe of the King aid Avlctt, I had leave to move it alter tiie expiration oi the four days. My Lords, the matter which I liaee humbly to .'ate to the Court, is 1I4.S : I think according; to the rules of the court r as I cars collect them from thefe tales, that the past/, iin ii) [peaking, ought to make this motion with- in the fi ! If fou r days fubiequent to the convichon, and Fa 44 A LETTER TO THE that your Lordfliips, without departing from any 6fl# principle of law or of Juftice, might refufe 10 hear a De- fendant applying at a later period, and fo your Lordfrrps may do to day. I confefs I think it is fit that there mould be a rule, and when it exifls, that it mould be carried into effecl;, and that falfe humanity fhould never induce judges to break through thofe rules which when once eflablifhed fhould be obferved. — What then ought I to do in this cafe, but to furrender up my client to the discretion and mercy of the Court, who I am fure will make the proper diltinftion ••.'here a Defendant is called upon to anfwer for an offenceof a trivia 1 , and an offence of a dangerous nature ; where fuch a Defendant is confeious that he is guiltv, and inftead of laying open his real fi uation, gives inftruclions to bis Counfel to aggravate the evil which the indiclment feeks to abate; fuch a Defendant becomes no obje£f. of mercy: but where he comes fubmiffively to urge anv rule of 'aw, be ftands in no inch fituation ; — and when my ob- jections come o he overruled, I (hall have ibis confolaticn, iha: i have offered nothing io your Lordfliips to induce any one to think the worfe of my client, or of 'he govern- ment under which we live. Lo R D K E n y o N T . I am not aware that there is any very great difference of opinion, and I am very glad to find that thofe rules by which the court have fuppofed themfelvcs to be governed, are in fact the rules of the court. The cafe of the King and Gough is within my own memo- ry. I was counfel in the caufe. I have alfo a manu- fcriptnote of the King and Morris, which cafe is alfo in print, and is to be found in the 2nd volume of Sjr James Burrows's if^or/j. In that cafe the Defen- dant was tried for perjury, was conviclcd, and was brought up for judgment, and no counfel objected to the convicV- INHABITANTS OF NEWARK. ^ fcn ; but Lord Mansfield, to fatisfy his own mind, put this queiiion :" Whether there was diffident evi- dence to convict the Defendant ?" And his Loi\i(hip was pleafed to f av, it any miftake had been comm'ttvd at the trial, and if the Defendant had been illegally convicted, it was never too late to annul an error. 7'his being the cafe Mr. Erskine, you will now fugged to the court why we ought not to pafs lentence. Mr. Ek ski n e. Y our Lordfhips know that the Defen- dant has b^en convicted upon two informations. The fir It charging him with pnblifhing that part of Mr, Paine's Works t winch is entitled " An Addrefs to the Ad- dreffers ;" and ih : other entitled " An Addrefs to the Tradef- tnen, Mechanics, Labourers, and other Inhabitants of the Town of l\!ewark y oa the fibjecl of a Parliamentary Reform.''' Now, mv Lords, my objections to the two Reports of the learned Judge who tried the two Information; are of £ a very different nature ; and I cannot but here lament thai Sih John Wilson, being now no more, we cannot ha e recourfe to him to receive any light or information with refpect to the report. My Lords, the matter I am about to offer to your Lordfliips, on the I abject of the fir it of thefi* informations, even it I ought to fuM ain the objec- tion, does not ;umo the i>mltor innocenc. of me Def~n- dant ; it fhtv/f no v oie than this ; thit it the objection tiai been ma !e at the trial, ■< . if when made, the learned judge ha 1 ice 'ptedot it, : .e neve: i .vould;havel cencoi vicle i, 1 im-an to fa)' nothing upon the Libel v U\ ., bin iiij'l leave the Defendant to your Lordf.'up's mere\ . In viewiui trns fubject, 1 ilunk we ninft not lo^k at men's natural r :>!;ts. or mcral rights, but we mult look ; ; the right? thev enjoy under the laws. I am pertuaded that if the objection whichlfhall make, lhall appear to your Lordihips to be well founded, indeed I entertain no doubt, but that v.ctr 4 6 A LETTER TO Tilt Lordfhips will confi lerit forae how or other, although it was not made at the trial. Lord Kenyon. Mr. Erskine.I will go further iri favor of the Defendant. Though the objection was not made at the trial, yet, if it fhall appear to us to have force, we mall give full fcopeto it. Mr. Er.sk.INE. I lament the fituation in which I ftand, not from any fufpicio'n of a want of integrity in any quarter, but becaufe I cannot appeal to the learned Judge who is now no more. It is not a 1 uncommon t bin r when there is any, difference of recollection at the Bar, and when the Judge's, report is fiiorr., to appeal to the learned Judge himfelf. There can no rmfchief arife from this when the integrity and independence of the Bench is recollected. Lord Ken yon. If I miftakenot, when the country had the misfortune to lofe Sir Dudley Ryder ; — if I mif- takenot, certain caufes were brought before the Court by affidavit. Mr. Erskine. This publication, entitled '' An Ad- drefs to the Addrejfas" was written by a perfon who has been already convicted, and it was write n fubfequent to the time of his majelly's Proclamation, and the genera! tendency of that publication was charged in the indict- ment to bring his majeftv's proclamation into contempt; and as divers Addrcfles had b-cn prefented to his majelry, cxprefling their loyalty and attachment to his majelly's Government, it was charged, alio, that this publication infinuatcd ha' ihefe A IdrefhVs did not contain the true and genuine fentiments of he loyalty ol his niajefty's fubjecls, but that they had. been fabricah d to fervc the purpofes oi corrupt and interelled men. Thefe are averments in the information, and mail be proved by the ordinary rules of evidence. I N H A B I T A N T 3 OF N E W A R. K. 7 a They a'e n. alters 01 facl.ar.d rm.il: be proved as al! other ▼natters of fact ate. N >w upon the report it appears that they werepio 1 d bv evidence- which I object to ; and which was of; e I ■■ ar 1:1, tpal, hut which objections were re- .; •• ■ kd . ",' the learned Judge. The averment -iddreil s had been prefented by vaiious bo- d es ly's iuhji is, was proved by no o:her evi- dence nd Gazette. IT this print affected the I) * idantonly, it would bo nothing, I might fafely leave my Client to \ our L iddiips difcretion and humanly, but I fprak ox a ma ter o j-raat importance ; i: is a quellion of evidence; and evuKmc^ i> one of the moil important brarr hes of the law. The information ilates that " div ers " AddralVc- ha'! fee. rre'enied to the Kin^. Now that " divers'" AidrciT i h-d been pefented to the Kin* iruii b. , rcv:db} the iam-ic\idence that any one Addrefs was prefent d. 1 will advance a flep furthei ; 1 will fappofe that a feditious A I've h.;d b er prefented, figned by a number of perfuns, and 1: a. this Addrefs, on the prefen- tation of it, had become the fubject oi a criminal profe- cution, and the Informathm had averred that A, 3, and C, had prefented that Addrefs to the King, would the Ga- zette have proved that indiv dual cafe ? It may be faid, that an aft of government may be pro red by the Gazette. If I wifli to afk a favor of the King, would the Ga- zette be evidence their. I had received it? The queftioiv is not, whether the Gazette be good evidence ; — but the Guc'-ticn is, whether t pioves the exiitence of the faeds. which it fkates ? Lord Kln' yon. The report of the learned Judge is extremely be >rt, r. * r. F '' £ K : ■; r. Tire information Mate*:, th.at " divers'* euci rr.cfcned to hi* Majefty. This is 4 ^5 A LETTER TO THE moll material relevant averment, and the whoi'e l... y. wi- the information falls to pieces without it. Your Lordfhips therefore will perceive that the nature of my objection is this. 1 fay, theie Addreffes are Hated on the record as fafts and that consequently they mud he proved, like any other facts, by fuch evidence as t lie law ot England calls for. Suppofe a commiffion of Bankruptcy was loft, would the London Gazette be evidence that fuch a commifiion ever exifted ? I contend that it would not. The genera! rule. jn all queflions of evidence is, that in all cafes, you muft produce the heft evidence and the higheft authority which* the natuie of the particular thing in queftion will admits I contend, that the Gazette is no evidence whatever that fuch Addreffes had been prefented to the King. It pro- bably will be faid, that the Gazette is the only evidence cf flate matters, and of things which affect the Hate, but an Addre s furelv cannot come under that head. It is finely no rnatier of flate, ana only refers to t he acts of in- dividuals. This therefore being the cafe, i contend, that this evidence ought not to be admitted. Your Lordfhips therefore clearly fee, that if th.s objection had been fuf- tained atthe trial, the Defendant would not have b eii con" victed. 1 do not pietcnd to fay what weight is due to this; objection, but it it has made any lmprefiion upon your Lordfh : ps minds, I have no doubt but that the Defendant will have the full effect of h. The objection which I have to the other information,, is ot a very different fort ; and gee , as apprehend, to the complete innocence cf tl'.c Defendant. The matter which I ha< ■ to offer to your Lorcthips. on this point, will involve in .» the conduction of a law lately made, and if I do not lucceed in my objection in this cafe, I fhall con fnler this ^61 of parliament as a dead letter, which can. not be taken off the flatute book two foon, as it will cnlT Inhabitants of nwaerk? 49 nave the effecf, of diforderimr the whole f\ ftcm of En^'iOi jurifprudence. The fubjecl of the fecnnd information upon which the Defendant has been convicted, is enti- tled, " An Addrefs to the Tradefmen, Mechanics, Labourers, and ether inhabitants of the Town of Newark, on the fubjetl of a Parliamentary Reform" — The lo e of our particular country is the fir it of all virtues, and a defire to promote its interefts and profperity, the fir ft of all duties. But how that duty may be belt performed is another queftion, and on which great authorities may lift up their heads on different fides. — Thole who originally wrote this pub- lication are perfons who at prefent furround the King; who bafk in the funihine of royal favor ; and admin'fter, as they think at leaft, the affairs of this country glorioufly. Now I humbly conceive, for a man to print a paper in the year ^793, which was originally publifhecl in 178.3, and which, as no criminal proceeding has been had upon it, he muft confider as innocent : the reprinting of that cannot be a Libtd. The Defendant may fav, " Shall I be " exhibited in the pillory by the fervant of thofe perfons " who have fet me the example ; who w< re the authors " and original compofers of it ?" The Defendant offered, to prove this at the trial, but was not permitted to do fo. He offered to prove, not only that the fentiments were fimilar, but alio that it was the fame in totidem verbis. He offered to prove that it, was not originally composed or print- ed by him, but that it was compofed and printed in the year 1783, by a body of perfons of exalted rank, and fome of whom hold the higheft fituations in his Majeflv's government. This however was refufed. I content!, that a Jtditious intention, which was laid in this infonnation,, was matter of tact, and not matter of law ; and that Here- fore it ought to have been left to the jury. My Lords, it H t& A LETTER TO THK I am not entitle ! by the late aft of Parliament to confidef the fubjeft in this light, the Libel Bill, in which I had fome {hare, muff, be confidered as a dead letter, and had much better be expunged from the ftatme book ; for if it is to have no operation, I (ball be as defirous of mending what I had a fhare in doing, as in the firfl attempt. Will any perfon tell me, th?it a man may not publiih a iair, candid, legal difquifition upon this fubjeft ? Will any man tell me, that I cannot ftate, bona fide, to my fellow citizens, my fentiments on the fubjeft of a Parliamentary Reform ? I know I may do it with perfeft fafety, be- cause I have done it, and will the Attorney Gene- ral profecute me for it? At the fame time it is not to be wondered at, if the fentiments of great and good men on this fubjeft are found to vary; and although no man* more than myfelf, loves and venerates the Conflitution Under which we live, yet I am one of ihofe who think that great improvements may be made in it. Whether I am innocent or guMty by the mode in which I have done it, is not for me to determine ; but I am very ready to ad- mit, that if under the pretence of a Parliamentary Rcfoim, I have been feeking to pull down the fabric of the con- flitution, bv rendering the people difcontented with their condition, then I am a Libeller, and whoever feeks to fow and propagate fedition, ought to be the jufl objeft of the execration of mankind. With refpeft to this paper, I have only to obferve, that it was publifiied ten years ago, and that it has been circulated far and wide, throughout the kingdom, and has never been produftive of any fe- dition. Lord Thtjrlow, with feveral other noble Lords, were of opinion, that Libel or no Libel, was matter of law ; I am of a different opinion; and, although a man INHABITANTS OF NEWARK. ££ nay be inferior to another in learning, yet like an honed man he may maintain his own opinion ; but I think it may juflly be made a queflion, if I do not fucceed in my objec- tion, whether any improvement has been made by the late law ? or — whether it has not difordered the whole fyllem of our jurifprudence ? If never occurred to me that a jury were to be judge s in abftraft points of law; the judges mould maintain their authority over the law, and the jury over the fa£f.. The Jurv are the Judges whether Libel or no Libel upon the feditious intention as matter of, or coupled with, the faft. The Jury ought not to condemn a man but on fuf- ficient evidence, and it they had admitted the evidence, which I contend ought to have been admitted, there would have been no evidence to have convicted the Defendants but on the other hand, there would have been the moll decifive evidence that thk publication oe this WAS NOT WITH A SEDITIOUS INTENTION. The Foreman of the Jury afked the Judge, " Whe' her they in the difcharge oi their public duty, could not decvpher the intentions of the Defendant ?" The Judge told them that they might, and that if this was not the cafe there would be no fafetv for the fubjecL I have already obferv- ed that this paper, which was the fubjecf. of the fecond Information againft the Defendant, was the very Paper which was compofed and publifhed ten years ago. As the perfons who wrote and compofed it, may be alhamed to have their names published, although I mould not, and as they are tired of their opinions, although I am not, I mail not name them. The Jury, was not permitted to decvpher the whole meaning ot the Defendant, and to fay what puffed in hii II 2 52 A LETTER TO THE mind at the time. — But it is the fafhion of thefe times t« cry down by bell, book and candle ever/ man who takes up opinions that other peop'e are tired of. The Defendant who has pubhfhed this Addrefs, has very great merit ; the principles of it are juft, and had they been cloathed in. better language, he could not employ his time better than by publishing it again. I fhall take the liber y of reading the latter part ot this publication : " Petition then, with one voice, my friends and coun- trymen, for that (hare in making your own laws to which, by the conftitution, and the laws of nature, you are en- titled, Purfue the only courfe which can ever affecl; any confiderable reduction of debts and of taxes, materially advance the intereits of manufactories and commerce ! — In, fhort be Engiifhmen ! be free, profperous, and happy! And give > our pofterity, the fame caufe to revere your memories, as you have to blefs tko/e progenitors who left you an inheritance in a free conltitution !" I fay thi-i is what any man may and ought lo publifh in and out of jail, and I am perfuaded, that the adoption of: thefe principles alone can fave this country. Give the the Englifh public the fatisfaci ion of enjoying their happy and glorious Conflitution, and they will grapple in the defence of it, and no power under heaven will be fuffici. ent to tear them from their allegiance. Our Conltitu- tion is the fanctuarv of Englifh liberty, and no govern- ment will be able to equal it ; for I am perfuaded that it is deftined, b. the great Author of all nature, to be the happieft, the frceft, and moft glorious country in tha wo, Id. It was by the intrigue and corrupt practices ot courtiers, that the Conflitution, of France was pulled down, and the Coniti uion of this country may be pulled own by the fame means, With legard^to the time in which the Defendant pub* INHABITANTS OF NE\V\RK. 53 lifhed this paper, I apprehend my Lords, that no objectio^ Cdn fairly be made on that he^d ; for it is we!! known that fome time before this, Mr. Grey had given notice of bringing forward a petition before Parliament praying for a Parliamentary Reform. Now when this paper was originally written, there was a petit:un prefented, pray- ing for a Parliamentary Reform. This paper, this LIBF.L, as it is called, was originally compofed and written by Mr. PITT, the DUKE OF RICHMOND, and oth-r eminent perfons who (land high in his maj fty's favour ! And sha^lthe Defendant be set on the PILLORY, FOR THAT WHICH SET THEM SO NEAR THE THRONE ! ! ! Shall he be branded with the charge of {edition, for only beinga humble copier, and for republiih- ing that, which has been published ten years ago; and which, though Circulated through every part of the country, has produced no fedition ? — My Client oTertd to pioduce a witnefs to prove, that this paper was originally compo- fed by tl e. r e Gentlemen. I conceive he had a right to rebut the feditious purpofe that has been afcribed to him, but this wis refufed. Thi- is not all ; fur on the part of the profecution, evidence was examined to fhew out of the cafe ; tfe! , and upon topics entirely exirinjic, the general difpofition of the Defendant. lor it. at purpofe they produced a witnefs to prove, that the Defendant cauLi this paper to be difti bated by a man wearing a cap on his head, on which were iufcribed the words " Li erty and Luuality." This might have, and I believe actual I y had, an effect upon the minds of the Jur/. Tuns they receiv- ed evidence to inflame, and nothing to extenuate the cu'e on the pa''t of the Defendant. — I fa) - that feditious inten- tion is not matter of law, but matter ot fact, and ought to have been left to the Jury. Thefe, my Lords are the ©bfervations '.hat I have to fubmjt to your Lordihips, and 54 A LETTER TO THE I have no doubt but your Lordfhips, will do juftice between the Defendant aud^the Public. Mr. Dayrell, and Mr. Clark, proceeded on the fame line or argument on the point of evidence. They maintained, (hat the London Gazette ought not to have been received as evidence that "divers" Addreffes, had been prefented to the King by various claffes of his fubjecls ; and fecondly, that the evidence which was offered by the Defen 'ant, to (hew that he had no leditious purpofe in publifhing the Addrels for a Parliametary Reform, ought to have been received. Attorney Gen eral. My Lords, I am very fhortly to anfwer 4.he two objections that have been made to the reports of the learned Judge by my learned friends who are Counftl for .he Defendant, lam perfectly ready to admit that if this Court fha!l think that there is any weight in thefe objections, ihe Defendant ought unqueuiouabiy to have the full benefit oi it. It is not enough »hat juf- tice be adrciniftered, but the fatisiaciory adminiftration of juflice, is an objecTt of the fir it .m;> utance. Tije firft ob- jection now taken is, that fufficient evidence was not given to the Court in the caf< ot a materia! aveiment ; namely, to prove that Addreffes had been presented to the King by various bodies oi his 'ubjecis. I conceive it would be extremely difficult to make out thefe objections as fup- ported by any principle of law. The objection might be as well ftaied in this way " How do you prove them to be Addreffes at all?" And until you prove that, you prove nothing. I thought when I heard this objection firft, it would embamfs the difcuflion at the other pan of the cafe, and had I been aware of it, the bct'er way would be to poflpone the fubject, becaufe it is not only my duty to confider the objection, but becaufe there is agreat deal o* INHABITANTS O? NEWARK. 55 authority upon the queftioii ; but I (hall now, with your Lordfhip's permifnon, proceed inon the whole cafe. I was aware that obie ions mi ht be offered to the Procla- m:t ; n, as being evidence of the aft of h's majefty, but tins c in iot be infilled upon with any effect. Nor can a better objection be flatted again ft the Gazette. If learned Gentlemen ^re pleafedjto perfilt n : hefe objections, I muft tell them that they have to encounter, not only the uni- form practice of. this Court for one hundred years pail, but alfo the clear decifion of Lord Holt, and that up- on a principle which removes the prefent objection en- tirely ; which is, that in the opinion of that learned Judge it was a high mifdemeanonr for any perfon to notify an act which can only be done by the King, and that all legal means for that notification mould be reserved for the King alone. The medium for that purpofe is the Ga- zette. I will tell your Lordfhips what I und i rftand the Gazette to be. A Gazette is a publication, evidence, and notification of a royal act, be it what it may, and al ; thc public arts of his maje.^v are notified in the Gazette. Hav- ing made tlufe obfervations upon the evidence, I muft now take nuice of what my learned friend, Mr. ErskinE, was pleafed to throw out upon my lei f. He called me the? fervant 0' certain perfon in power; an expreffioti which he afterwards feemed to qualify, and to allow me to be the fe. van tot' die Crown. I can only fay that the fentiment* which I eniertamed when It pieafed his majefty to cnfi der- ation, and has interefted the minds of the wife ft and bed people in this country ; but no man mould be allowed to difturb the peace of a nation which enjovs ihe moll free and happy conflitution upon earth, and for which we ought to exprefs our gratitude to God; fori verily believe that in all this w T orId, fince he framed it, there has not been eflablihed a government which for all political bieiTri s can be compared with our own : whofoevtr therefore Hull endeavour, by any means, to fubvert it, or leffen the ef- teem which the people have tor u,de.~eives to be feverely punifh»'d. For my own par:, I mud confefs freely that a s to a Reform, as it is called, of Pa Harnent, I think it an o:>- j( ft of fuch magnitude-, and involving points of the great- eft difficulty, that I am afraid that a man poffefied of the depeft penetration and 'he greateft political lagaii-.y, will ne er, upon that fi.bjccf, be able to give us an adequate confideiation for the nfk of any alteration It is >aid that thi paper uas p bliihed wn years ago, and that no com- plains wan then made agamft the te d\ ue ot it. Bin is the conduct oi parliament ten .ears ago to be compa ■ ed with the time when this paper was rep lUlilhed ? Th De - fendan , after f< emg ihe eife i of pubhfh g and dillemina- ting thefe pernicious doctrines ah over the kingdom, comes 1 58 A LETTER TO THE forward whh his paper, to affift the fpirit that was thcrJ raifcd, without having the fai ncfs to (late that it was a paper publifhed ten years ago. What has been the conduft. of the Defendant ? Whv, that of malicioujly ftirr ng up and reviving do£trines that were dangerous to the Conflitu- tion, at a time when it was likely that, If fpread, they would do much mifchief. What does he mean to prove? Dees he mean to fay that in reality he had no feditious intention when he publifbed this paper? Does he mean to fay, that becaufe this paper was published by the Con- stitutional Society, the London Correfponding Society, or any where elfe, that therefore his intentions in publish- ing the paper were innocent? — My learned friend, lUr. Erskine, afked me whether I fhould profecute him if he had fent forth any th ng with his name, concerning a Reform of Parliament. God forbid I fhould profecute any man for temperately difcuffing that fubjeel, or any other fubjecl: ; but I will tell him as a friend, that he will deal out hard meafures for himfelf, if he will undertake to be accountable before your Lordfhips for every doftrine maintained by many individuals of the Society of which he is a member, and to which he is an ornament. I will tell your Lordfhips freely, that if my learned friend had publifhed this paper under all the circumftances with which this Defendant publifhed v, I fhould have been a traitor to mv country if I hefitated a moment in bringing him for- ward as a Defendant before your Lordfhips, as I have brought forward 'he prefent Defendant, and I now afk of your Lordfhips whether you think of him as I do. — • As to the evidence which was preferred on the behalf of the Defendant, at the trial, I fay it would have proved nothing, for it could only amount to this : that this paper was publifhed before, by fomebody elfe; — what has that to do with this charge againfl the Defendant ? But your INHABITANTS OF NEWARK. 59 Lordfhips are called upon now to hold this proposition, That it is competent to one man to publifh in a court of J uft ice, the opinions of other people upon a Libel with a view to {hew, that thefe other perfons held the fame doc- trines as the Defendant, lour Lordfhips will fee the length which this propolition leads to. If Mr. Erskine ;s to be akowed this for the Defendant, I mud be allowed iomething of the fame fort ior the profecution. If he ^ives the opinion oi fome perfons in favor of the paper, I (hall give the opinion of Juries upon the fame docirine . and then the Defendant would be in a vvorfe fi uation than if he had not offered that fort of evidence; therefore I think the learned Judge was not only right in ffrictnefs of law, but alfo kind to the Defendant in rejecting tins fort of evidence. The next tiling to he confidered, is the law upon this queftion. What is the prefent limitation of what is call- ed the Liberty of the Prefs ? I fa. that under that limi- tation, this paper is a fcandalous Libel. I take the law with regard to the Prefs to be this ; That you may dif- cufs the moll important points if you plea.e. You may abufe the Conflitution if you pleafe, and the general form of cur Government; provided you chufe to be au- fwcrable in a Court of Law. Now I afk, is this Paper, or is it not, a fcandalous and injamous Libel, traducing and vilifying the exilf ng magiitracy of the country ? — Now is this the way that the grievances of the people of this country, ij they feel any, are to be redrefLd ? ' Parliaments choff n as they now are, and continuing : for leven years as they now do, will ever be cornpofed, " for the mo:f part, of a few factions, under the guidance ' of particular noblemen, perpetually contending for the 1 power and emoluments of office. The common uA« I ?, 60 A LETTER TO THE •' dierv of the fe fcvcral fa6tions, like that of all other " fhrrd ng armies, is made up of mercenaries from the " moft idle and profligate orders of the community *' Who fo i H ', as men of plea r ure, and the vici Pari am n f , and there let out *' their tongues and (heir votes for h re ?" Is this treiting Parl'ament fairly ? Is this merely in r orru inp, the pu;>Mc of a fafr, or is if a temperate commentary ? Is t ^e whole Parliament corrupt? ox are there not men, among thecn, who by the blefli r,;i and providence of God, are fuch as will be praifed by pofteritv, and perhaps make future ages wifh they had (uch men among them as thefe are, to guide their c. unfefs ? — If perfons will publifh com- men'aries on Parliament let them do j flice to its charac- ter and to thediffere t men in :t ; ' nd et them make a jury believe, that when they difcufs any public matter, they difcufs it temperately, and 'hen a queftion will never arife between any Defendant and myfelf before ;• our Lordfhips, > — One fenience more and 1 have done. It is faid that Mr. Justice Wilson omitted fomething wh : ch he ought to have laid before t e jurv in favor of the Defen- dant. I cannot pofiibly conceive how that learned Judge could have donemore for the Defendant than he did ; for after fumming up the whole of .he evidence, he afked the Jury this queflion, " Are you farisfied that the Defendant f* publ fhed this Paper with afeditious iment ?" The Jury {"aid 'hey were fatisfied he rublifhed »t with a feditious in- tent, and therefore they found the Defendant guilty, Thefe, my Lords, are all the obfervations I have tofub* rnit. Wi'h regard to myfelf, 1 can only fay, that I have INHABITANTS OF NEWARK. $ t done my dutv as my conference has directed me, and if fatisfy that, I fhall not give myfelf trouble about what fome people may think of me. Mi. Erskine. M Lo r ds, ami now allowed to ad- drefs your Lordihips for the Defendant? Lord Kenyon. I take the rule to be, that the Ad- vocate for the prifoner commences the cafe and fpeaks- generally, either arainft judgment, or in mitigation ol pu- nifhment, and therefore the Attorney General is to ipcak lall. Mr. Erskine. I apprehend, my Lords, that I am not in the finiation which your Lordlhip feems to think I am, J think 1 have aright to fpeak in mitigation. Lord Kenyon. I think the major part of your Ad- drefs, Mr. Erskine, was in mitigation of punilh- ment. Almoft the whole of it appeared to be fo. How- ever, as you defire it, you will now go on in mitigation of puniihment. Mr. Erskine. That is not the point at a'!, my Lord, The queltio 11 is, whether I am not to hear the Attor- ney Ge\ ehal upon the whole matter beiorc the Court, and leply ? Lord Kenyon. If there is a rule to gu : de the Court, and I underdand there is, as I have ftated, you are not, firictlv fpeaking, entitei :o proceed. We certainly fiiall not pronounce Judgment to day, bu all tne bufinefs from the Bar mull be h" lifhed in this cafe. You have reje-.ted the idea of moving in arreil of judgment, and if you have anv thing to addrefs to the Court in mitigation of punifh- inent, I w.lh you would now be fo good as to fay it. 62 A LETTER TO THE Mr. Erskine. The two Papers of which the Defen- dant Hands charged, a:e di'finct and feparate. I (hall not a ddrefs the Court upon the firit, b^caufe there are Judg- ments upon that publication already. I flia.ll therefore leave my Client upon that part or his cafe entirely to the mercy of the Court, feeing as they do, that he has done every thing in his power to extenuate; for he discontinued the fale on the inftant it was complained of. With re- gard to he other Publication, unqueflionabiy he Hands in a. different fituation, ior by publiihing the fecond Paper, he certainly meant nothing but that which as a fubject of this country he thought he might legally do, not feeking to produce or occafion any of the anarchy or confufion which has been fo much talked oh li 1 canno: fay any thing further on the point of law, I mull leave my Client in your Lordfhips' hands. Lord Kenyon. I hope that this doflrine will never go forth into the world, that a man mav fateiy and legally publifh what has been publifhed before, provided it has not been the fubject of a criminal profecution in a Court of Juflice. If any man adopts that doctrine his judgment mull be very much perverted indeed. All the mifchier may be done that a publication can do, if no legal iieps can be taken till fomebody has been arrefted upon that account. I hope that the tranfaclions of this day, and fome of the tranfaclions of this Term, will not be quoted as the autho- rities for the Court to proceed by. 1 am extremely forty that any thing has been applied to this cafe, which did not arife out of the Judge's Report. I will fay nothing of the character of the late Sir John Wilson, who tried thefe Informations ; nor will I make any remarks on his Reports, but fhall leave them entirely on the chara6ter which that gentleman has carried with him to the grave* INHABITANTS OF NEWARK. &T> I am verv forry at fome of the remarks that have been made on the reports of the Judges. The characler of th j Judges is oublic propertv, and if they have done any tiling amifs, ihev ought to be cenfu ed. Eut if no f their characters ought to be re r pected, otherwife the mofl mif- chievous coulequences will arife to the Public. I do not aim this at any body, I affure you, but I fpeak it from the conviction of my own mind, and feel myfelf bound to fay thus much. It cannot but occur to every perfon's obfervation, that as long as parties ex.lt in the country, (and perhaps it is for the good of the country that partus mould exift to a cer- tain degree, becaufe they keep mmifters on their guard in their conduct) thev will have their friends and adherents* A great political characler, who held a high fituation in this country, fome years ago, but who is now dead, ufedto fav that Minifters were the better for being now and then a little peppered and Jalted. And while thefe parties exift, they will have their friendfhips and attachments, which will fometimes difpofe them to wander from argument to declamation. And this is very often ihe cafe with refpect to queftions relating to Libels. The prefent quefiion feems to lie in the leaf! coropafs in the world, and to relate to points fo long and (o clearly fettled, that no doubt can remain with refpect to them. Both the points, to my mhd, appear as clear as the fun. Ko man ever yet doubted but that the Gazette was evid- ence ot all mattersof fla+e. And therefore I am perfectly fat sfkd that the opinion of Svr John Wilson formed at the trial, was perfectly correct. Another quefiion is, whether fomethin? or another ouqht net to Lave been admitted in evidence that was re- % A LETTER TO THE fufed by the learned Jud-nnion. Lord Ken yon. The Defendant muft be remanded. I was accordingly, as before, taken to the Kings Bench Prifon — Or tbe Wednesday following I was aaper having been eftablifhed by the Jury, it onlv remains for this Couit to do its office. This Court will alwavs know to temper mercy with juf- lice where there is room for it, but here there is no pal- liation. As to the firft of thefe Libels, at leaft, your own Counfel owned that nothing could be faid for you. It behoves tben, this Court to try what can be done by the r everityofpunifhment. AND THOUGH THERE- ARE B'T SMALL HOPES OF YOUR REFOR- MATION, it may at leaft operate to deter* others from * How far the peculiar fevertty of this extraordinary Sentence may operate in preventing e then bring guilty of the fame atrocious crimes ; i. e. •ndcavouring to accon plifh a Parliamentary Reform, I will not take up- on myfelf to decide ; but if one may frame an opinion of the fentiments of the public on this fubjrft from the following circumftance, it appears to have at prefent the direel contrary ejfetl ; "Maurice Marc-arot, at a late meeting of the Convention ift Scotland, propofed and carried the following motion : companion; when you have controlled the language and fentiments of the one, with the language and fentt- ments of the other, I perfuade myfelf that y^u will find yourfelves at a lofs to make out wherein confills thatfuperior " enormity of my offence" as Mr. J u stick Ashurst calls it, over that of the Duke of Richmond, &c. ccc. — On that part of the Attorney General's Speech, where he complains that this paper brands the Parliament with the charge of " corruption and venality" I alio fhall offer no obfervations, but content myfelf with referring you for.as an anfwer to the Life of Lord Chat- nam ; Ddddington's Diary ; Burgh 's Political Dif. qwfitions ; Political Hijiory oj the Borough's of Great Bri- tain ; Petition and Cafe of 'John Horne Tooke ; State, of the Reprefentation, by the Society of the Friends of the People; Petition of the Friends of the Peo- ple ; &c. &c. &c. In the courfe of the Speech of the Attorney Ge-» NERAL, he took occafion to put this queftion : " Does ** the Defendant mean to fay, that in reality he had nofe- " ditious intention when he publiihed this Paper?" I anfwer, YES, I do mean to lay fo ; and before the Bar of the Britifh Nation I now fay it ag«.in, and to the lateft moment of my exiftence I mail continue to fay, " that IN reality I had NO feditious intention" when I re- Printed and publifhed this Paper! I will alfo fay, that no evidence whatever was adduced, or could be adduced to the Jury, to prove, that, in , 'ieality" I had any feditious intention in publifhing this Addrefs. The averment in the Indictment, charging me with a feditious intention was not proved, or attempted to be proved, by the leaft evi- dence whatever ; except indeed the ridiculous evidence ©i my old friend Mr. Bland, relative to the fliil more ri» INHABITANTS OF NEWARK. *1% diculous (lory of the words M LIBERTY AND EQUALI- TY," bemg upon the cap of a PRINTER'S DEVIL, be taken as fufficient evidence of the " criminal," the " fedi- tious" intention of my mind ! ! ! For the fake of exci- ting a little rifibilitv, I will allow that the principal is re- f'ponfible for his agent ; and fuppofing that the word "LIBERT Y," meant Licenliottfnefs, and "EQUALITY," Plunder, (an explanation candidly given by affociatorsj yet as it was the fyortive aci of my fervant, in mere boyifh wan- tonnefs, Purely no more criminality attaches itfelf to me on this occafion, than there would to Mr. Bland, were his apprentice to adorn his head with the Label of one of Mr. B's Gallipots, the Birmingham motto of " CHURCH AND KING," 01 any other ridiculous infeription what- ever! — It is re;o'ly aflonifhing to fee how this wonderful ftory of the Printer's Devil and his feditious Cap, has been bandied about from Mr. Bland to the Newark Association ; from the Allocation to the Attorney General; and, like the fnowball, gathering as it rolled along. But when men have home particular purpofe to ferve, no matter how laughable or ridiculous the means; for Ti : fl=s light as air, Are to tV;?,i/; us c nfitmauofis flrong, As proofs of holy writ. Shakespeak. Leaving this Gentleman and his Fools Cap to your mirth and derifion, I haften to refume my remarks. How the jury were confeientioufly fatisfied in their own minds that I did yubYiGi it feditioufly, when no evidence was produced to prove it, and when even one of the wit- nelles for the profccution, dated that I declared I would *ot pubiilh a Libel knowing it to be one; 1 lay, how the qt A LETTER TO THE" jury, with thefe circurnftances before them, could confcu entioujly and without prejudice, find me Guilty of publifh- ing with a feditious intent, is a myflery too dark and in- tricate foT me to explain, and entirely beyond the reach- o'f my abilities to develop". — I may lament it; I may re- fret that they were fo eafily fatisfied and convinced of a thing which I KNOW never exifted ; which was never pro\ed, and which confequently never can or will be pro- ved ; I mav lament that fo fatal a blow has been given for a. time to the Liberty of the Prefs ; thai the nation more than mvfelf is injured ; I may do this but I can do no more ; except thus throwing myfelf upon the candour and juflice of the public, in the well grounded hope that they will revife the proceedings, and reverfe the verdift. The Attorney General next goes on to ftate this quef- tion, " Does the Defendant mean to fay that becaufe this " paper was publifhed by the Conftitutional Society, the " London Correfponding Society, (he fhould have faid the " Society at the 1 hatched Houje Tavern) or any where elfe " that therefore his intention in publifhing the paper were " innocent ? " I anfwer YES ! — If the intentions of the So- ciety in publifhing this paper were innocent — SO WERE MINE! If the intentions of the Duke of Richmond in publifhing this paper were innocent — SO WERE MINE ! — Have not I a right to have the fame favorable confiruclion put upon my intentions, as thefe gentlemen have upon theirs? — But I beg pardon. Mr. Justice Ash u list here fteps in, and gravely tells me," a writing may be Libel at one time which is not fo at another!" — - Here is the authority which reconciles the difference be- tween my fituation, and the fituation of the authors of the paper ; they, for writing it, are, as Mr. Erski n e obferved " balking in the funfhine of royal favor," and I, for pub" INHABITANTS OF NEWARfc. 73 lifhing it, am provided with ^fnug apartment on the State Side of NEWGATE, for the JJiort period ol—only TWO YEARS ! ! ! I now come to the fpeech which was addreffed to me by Mr. Justice Ashurst, previous to his paffing fen- tence. Speaking of the " Addrefs to the Addrejfers" he fays, " Was it not enough that fuch a horrid production " had been once ftified in the birth, muft you foiter and, " nourifh the unnatural and diabolical offspring, arid give •' rtjrejh life and exiftence ? Though the nation in gene- 6< ral had fttewn their abhorrence and deteftation of the 4t do&nnes contained in ihis publication, yet you were " determined to cram it down the throats of his majefty's " fubje&s." I muft confefs myfelf a little at a lofs to comprehend the precife meaning of this fentence. If it means to affert, that previous to the period when 1 fold the " Addrefs to the Addrejfers" it had been pronounced a Libel in any Court of Judica- ture, I mult fay that the knowledge of fuch an event has never reached me, and I will thank Mr. Justice Ash" Urst to point it out. lam told on all hands, that the firft conviftion on this production, Was that of Mr. Hol- land, Printfeller, London, who was tried and convi&ed at Hicks's Hall, February 23, 1793. This 1 am well per- fuaded was the firji conviction on the Addrefs to the Ad~ dreffers ; now, my information for felling this publication Was filed againft me fometime in December, 1792, two months previous to that event taking place; therefore it inconteftibly follows, that I did not fell it AFTER it had been legally declared a Libel ; and of courfe the high founding charge of " loitering the un- natural and diabolical offspring," &c. &c. as applied to me falls iorceleh to the ground. — If the above quoted fen- L 74 A LETTER TO THfi tence does not allude to a previous conviclion for pub^ liming the " Addrefs to the Addrejfers" I confefs I mud give it up as perfe&ly unintelligible. It is indeed, true, that the Rights of Man had a few weeks before been de- clared a Libel; bin what had that to do with the " Ad- drefs to the Addreffers" a diftinft and feparate publication.- No man will fay that the verdift againft the Rights of Man was an implicated verditl againft all the writings of Mr. Pai n e ? The affertion is too abfurd to be made by any other than fools or ideots ; this being the cafe, what am I to make of thefe obfervations of the Judge as applied to me! But I draw no conclufions; I make no comments; Lord Kenyon has faid "that the characters of Judges ought to be refpccted," I therefore " enter not on holy ground." I am next afked, " why I did not publifh it with its ancient title, and ftate that it was publifhed in fuch a year ?" — Why this was not done, was no bufmefs of mine. I publifhed it according to the order of thofe who em- ployed me. I was only an Agent, a mete Printer. But, as by a "ftclion of law," I am fvppofed to be the primum mobile of all this {edition, I will endeavour to give an anfwer. In the eye of common fenfe, I imagine, it is of little confequence, to whom the Paper in queilion was ad- dreffed. or what title was given to it, provided, not a a word of the text was chanced. — Would it have been lefs criminal had the old title been retained, and it had been addreffed to the Inhabitants of Nottingham inftead of Newark ? Mr. Justice Ashurst himfelf mail make the anfwer : — hear him ! " Though even if you had done that, it ought not inevitably to have retained one fenfe."-— Fellow Townfmen, are you fatisfied with the anfwer ? Aftci having afked me why I did not retain the cJd INHABITANTS OF NEWARK. 75 title, and then telling me 'hat if I had " it would not ine- vitably have retained one fenfe," i. e. it would have been of no ufe ; Mr. Justice Ashurst goes on to afk, "how the inhabitants of Newark were to know that it ever was publifhed betoie ? how can they apply it but to the prefent exiflin^ Parliament of Great Britain ?" Whether you knew it had been publifhed before or not, my Fellow Townf- men,wehave aheady feen would have been of no confe- quence either to you or to myfelf. — But the laft queflion, viz.. '• how can they apply it but to the prefent exiflincr Parliament of Great Britain ?" you can all anlwer for yourfelves, and your anfwer will be much in my favor. This Paper ftates, that the national Debt was at the rime of its firjl publication, in 1783, only two hundred AND seventy milhons; now every man knows, and feels too, efpecially the " Swinijk Multitude" who com- monly feel it mofl heavily, that taxes of all kinds have multiplied prodigioufly fmce the year 178^, you all know this, my fellow Townfmen, to be the truth ; and the pe- riodical return of thofe ujefal men called tax Gatherers ferve to keep it alive in your recollection. It is as clear as that when you are in the field you can fee the light of hea- ven without paying for it. Nothing can be plainer, than that an increafe of the National Debt brings an increafe of Ta es, therefore, at the beginning of the year 1793, the time when I republijked this paper, the Nalional Debt a- . mounted to upwards of two hundred and ninety millions; twenty millions more than what the Paper ftates it to be ! ! ! Now can any man of common fenfe fuppofe, that if this Paper had been publifhed to anfwer the purpofes which have been fo liberally afcr.bed to it, fo favourable a topic would have beer overlooked ? *— would it have omitted fo weighty, and fo . sreiy t cir* L a jS A LETTER TO THE cumftance in favor of a Parliamentary Reform ? Had it been intended to apply to the prefent times, would it not have Hated the national debt as it exifted in 1793? — The argument is irrefiftible. It is an unanfwerable proof that the paper applied to pafh Parliaments, and to pafl events, only. I fhall now return my public thanks to Mr. Justice Ashurst for the Compliment he paid me. Whether intentional or not, is of no confequence. He did me the honor to remark, when fpeaking of my principles, that, *' there were butfmall hopes of my reformation !" — What my political principles are, I believe, the public will find ]oofely,but candidly fcattered thro' the ill-written pages of this feeble Vindication. Such as they are, they have coll me fome pains to acquire, and fome anxiety to eflablifh. 1 have not taken them up without deliberation, nor with- out the confcientious approbation of my own heart. For them I have fuftained much obloquy and perfecution ; for them I now fuffer imprifonment, and in their defence, if ever that fhall be neceflary, the lali; drop of my blood fhall be fhed. — Such are my principles ; In an age of almoft univerfal defertion and direliction of all principle ; in the midftof unblufhing political ineonfiftency, I think it an ho- nor to be told from the Bench, that there " are fmall hopes of my reformation," that is, a change in my opinions. I am proud of the compliment ! — On the fentence, unexampled jn the teeming annals of unrelenting legal feverify, my re- marks wi/1 be fhort. Every man of humanity will make them forhimfelf. — One thing I fhall only mention, and which no man who thinks that the fame dimes ought to have the fame punijhments, will read without aftonifhment. It i this : The fentence paMed upon me for fe/ling the " Ad* drejs to the Addreffers" exceeds in fe verity, that palTed INHABITANTS OF NEWARK? Jp tfpon Mr. Symonds and Mr. Ridgway, the original publifhers of this production, by one year of imprisonment and by an addi ional Pine of thirty Pounds : their fentence for the fame offence being only one years imprifonraent and a fine of twenty pounds each ! ! ! Such are the proceedings, and fuch are the confe- quences of thofe proceedings which have taken place againfl me, at the indication of a fet of men, whom I blufh to call my Fellow Citizens ! — Mali- cious, unfeeling;, infatuated men! — In the midft o£ your infuriate zeal to ruin my interefts, and accomplifh the overthrow of fo obfcure an individual as myftlf, you per- ceive not the " ftrong rod of iron," which ye are forging for yourfelves, or your innocent poftcrity ! Blinded by intereir. and pafhon, ye ceafe to remember, that perfecution is ever the forerunner of defpotifm, and that, opprefjion ufu- ally recoils on the head of the opprefjor !* Whilfl ye are thus foolifhly perfuading yourfelves that ye are laudably employed in fupporting by oppreffion a conftitution which, uniformly difclaims it; ye are effectually fapping the foun- dations of Liberty, 2nd paving the way for the introduction of tyranny, and the aggrandifement of a few artful, un- principled individuals at your own expence. If fuch meafures continue, a few \ ears will feelingly convince you of the folly and iniquity of your unmanly conduct If fuch fliould be the cafe, ye will then know, that injiead of fupporting the Liberty of your Country, ye have been em- ployed in forging fetters for yourfelves ! ! ! Advertino- to the confequences of thefe trials, I fhould Cuppofe, every reafonable man would have thought that * Who fills the Cup of Woe for others Tafte, Shall drink the baneful D;au»ht. Eukip. Agamem„ Xj% A LETTER. TO THE the law of Libels, from its uncertainty, was Fufficiently ©Dpreflive before, without thefe Affociators combining together to render it Mill more fo. Though the Liber- ty of the Prefs has recently received fome addition from the extrtions oi Mr. Fox, yet the Law of Libel, ft i 1 1 Hands much in needof explanation. This Law, as it now is, and as it is at prefent enforced by Affociations, operates in fome meafure like the Excife laws; but tho' like them, in many of its prominent features, yet it is not equally in- telligible clear a"id diftincl. The Publican, the Malfler, the Starch Manufaclurer, and Soap Boiler, know, and can immediately afcertain, the precife limits of the Excife- man's attention. They know the bounds of the law, and cannot through ignorance eafily infringe it. But Book- fellers and Printers poffefs no fuch guide. The law has not made this crime fpecific, therefore they are ignorant when they are right, or when they are wrong. The law of Libeh is fo involved in obfeurity, fo uncertain in its operations ; fo various and changeable at different times ; at different times fo unintelligble and contradictory ; that no man, however great his abilities, or however vigorous his underflanding, has yet been found competent to give a true difmilion of the word LIBEL, as he finds it ufed at various times in the proceedings of the Englifh Courts of Law. What has been a falfe, fcandalous, wicked and feditious Libel at one period, at another has been confidered as a maflcr piece of human genius ; as containing the trueft principles of Government, and the fincfl, and molt rational principles of Liberty. The immortal work of Algernon Sydney is a (hiking in- stance of thetruth of this observation. This work, which in its day, excited as much clamour, and more jatal perfe- ction than the celebrated " Rights of Man ;" is now univerfally efleemed, admired and quoted, and uublkly INHABITANTS OF NEWARK. 79 fold, at prefent, in all Bookfellers' (hops in the nation. I fay at prefent, becaufc in the fame fyitem of defining Libels continues, which convicted me of printing a Libel ttn years after its original publication, this famous produc- tion of Sydney may again become a Libel, and as the Af- fociators cannot behead its virtuous author over-again, who' knows, but they may dig up his bones, and hang them on a gibbet, or " tranfport them beyond feas, for the f pace of FOURTEEN years"* ! ! ! Amidft all this ambiguity and perplexity, how can it be expccled that illiterate Book- fellers, unfkilled in the myfleries of " legul lore," (hall fuc- ceed, where there have been fuch a contrari ty of opinions and decifions, and where fo many men of the higheft legal talents have failed. If thefe wretched, mifchievous Affociators are to have not only a local, but a general jurifdiction ; if thev are thus to ruin or refirift the Liberty of the Prefs, as fuits their inclinations or their inrerefis; furely they would have acted lei's like Inquijitors had they drawn out for the Bookfellers the line of their duty, or pointed out what were the precife limits which a Printer could not pafs with impunity. Had they iindei flood the c on/lit utio rial definition of the word " LIBEL," or had the leaft drop of the " milk of human kindnefs " flowed in their veins, this conduct would have been adopted. — But it feems they know as little of the Conflitution, and as little of huma- nity, as the Conilitution and humanity know of them ;— >• which ; s but little indeed ! — If this profecuting fyf- tem is to continue, in the name of Jultice and Common Senfe, why are Bookfellers to be denied that rule for the regulation o\ their conduct, which is given to the reft of their Fellow Citizens! For God's fake, if we are thus * See the extraordinary trial of Thomas Muir, Esc>, %0 A LETTER TO TH8 to lofe our Liberties, if we are thus to be dragooned Im'd defpotifm bv affociators, put the Prefs under the imme- diate controul of political Exujemen, that Printers may be no longer oppreffed in fuch an unfeeling inquifitorial manner ! This perplexity, in which all Bookfeilers aad Printers are involved, is ilill further increafcd by the contrariety of the decifions, on the very fame caujes, which have taken place all over the country within the laft twelve months. In the month of December, 1792, in London, Paine's Wokks were pronounced Libels by the verdi&of a Jury.* At the fame place, in June and July' following, they Soil their criminality and became inno- tent.t Leave London and proceed \.oColeheJler,% they are flill innocent. Oofs the country, and when we arrive at Warwick, " flrange to tell," we find them both innocent and Guilty |[ .' Proceed to Leicejlcr §, and there we find * Mcffrs. Symonds, Ridgway, and Holland, were eonvifled of felling the popular pamphlets of Thomas Paine, and the Jockey Club. Por thefe offences the two fir ft were fentenced to Jour Years .mprifoiiment and fined aeol. each ! ! ! Mr. Hot land* for felling the Letter to the Addrejfers, was fentenced to one years Imprifonment, and to pay a fin* of 100I. + Mr. D. I. Eaton, for felling Paine's Rights of Mm, and the A2- irefs to (he Addrejjers, for the one was found " Guilty of publijliing, but tuithout any criminal intention !" For the other he was found " guilty of pubhfiing the pamphlet ! " By both thefe vcrdias, as they found him guilty «J being innocent, he has been of courfc acquitted. J At this place a Bookfellcr wes acquitted for felling Paine's Won %i t || At the lift Spring Affizes, at Warwick, Mr. Thompson, was acquit- ted for felling Maine's Works. At the fame place, the following Affizes, Meffrs. Peart and Belcher were convided of felling them, and fen- tenced to three months imprifonment! $ Mr. Phillips, the Printci of the Leicester Hir ald, was found INHABITANTS OF NEWARK? 8jfe them criminal indeed ! — Travelling North, when wear- rive at Newark, we find them mojl atrocionjly criminal 3gain ! Proceed to Derby*, we find them changing fides once more, and pronounced perfectly harmlefs ! Direct- ing our courfe to Knutsford, we find them ftill innocent ; but leave Chejhire and crofs the Severn, and behold at Bridgezuater\ we find them criminal again ! ! — Thus it ap- guilty of felling the works of Thomas Paine, &c. at a time that they were fold by all his brother Bookfellers of the fame place, 3.nd fentenced to imprifonment for eighteen months ! part of which the public papers in- form me has been fpent in a dungeon !!! It ihould feems that Mr, Phillips's real offence is, being the Printer of a Patriotic Newfpaper ! * Laft aTires, a Bookfeller was acquitted at this place for having fold Pain t's Works. + At this place, the. laft Summer aftizes, Meffrs. Robinfcms, men of moft refpeftable chaiafter, very eminent Bookfellci s in London, and perhaps the greateft Bookfellers in the world, were tried for felling the fecond put of Paine's Right of Man. It appeared by the evidence of one Pile, a bookfeller and diitributor of newfpapers, of Norton near Taunton, that in November laft he had ordered from Me!T. Robinson, three copies o£ the book in queftion, ' two of which he delivered to his employers,' bat being threatened by fome gentlemen of the county, with, " hanging, tranfpor- " tation, or being fent to the devil," if he did no' give up ihe perfons from whom he had procured them, he locked up the remaining copy, determin- ed not to (ell it v and applied to an Attorney for advice, to whom he fhewei the book ; which the laid Attorney keeping in his poiief&on, wrote up tt> the Solicitors of the Treaf-jry ! upon the delivery of this book, the 'rrofe- cution was commenced. The bill of parcels and note far payment were produced in Court.— Pile declared, that he received from MefT. R.bin- jon in July 1792, feveral copies of the protest against paine'* xights of man, (a Itiong conftitutional pamphlet) which they icouefted him to diftribute, gratis, wherever h thought they might be of lervicc. The defendants produced no evidence, relling their cau e upon ihcir not wilfully or intentionally Towing fedition, but merely felling a pamphlet in the courfe of their immenfe bufmefs, which was then in general fale Mr. Bo»jd made an excellent fneech in their favor, which he de livere * with peculiar energy, but the Jury found a verdd Gwlty ! ! ! TV feni tence palled upon thefe four Gcnutmen was, that iool. fine fhould be ca'4 M ga A LETTER TO THE pears, that what is law in one part of the land, is not law in another ! — I prefume this is what has fo often been cal- led " THE GLORIOUS UNCERTAINTY OF THE LAW ! " — Glorious indeed to Counfel and Attornies ! ! " It may, be [port to them, but it is death to us." — All this may be very fine, very legal, and very conftitutional, but for the foul of me I cannot perceive much of the glory of Com- mon Senfe in it 1 I have now undergone three different profecutions for printing and publifhing " falfe, fcandalous, wicked and feditious " Libels, and alter all this wonderful experience I am ftill as much at a lofs as ever, to determine with fafety and precifion, what it is that conflitutes a Libel » In this ftate ol uncertainty, I know not what to piint, or what to fell ; what to receive, or what to reject ; and, unlefs fomething is fpeedily done by the legiflature, either to indemnity Printers and Bookfellers, for having print- ed or fold books of ten years {landing, or to fix the pre- cife limits of a Libel, the Liberty of the Prefs will be to- tally annihilated, and the bufinefs or a Printer and Book- feller, imminently dangerous, and highly imprudent to follow. By the decifion againft me for printing the " Addrefs to the inhabitants of unrepresented towns on a Par- liamentary Reform," it feems that a book may be perfectly innocent for the fpace of ten years and then be deemed, a " falje, fcandalous, wicked and feditious Libel" ! ! ! The refpeftability of the men who fiiil introduced it into the world, it appears is no fecurity for its future protection ; and what adds to the fingularity of the meafure, thofe very men, in part, may afterwards become its profecutors, and, literally fpeaking, their own Informers ! If there is any by film who m»dc out the bill of Parcels, and the other thi«c in 50L each J J • Inhabitants of Newark,' §£ 'guilt in the cafe, it furely refts with the authors of the pa- per in queflion, and not with the printer / It therefore iollows, that the Committee at the Thatched Houfe Ta- vern, and the confident Mr. Pitt amongfl the reft, ought to have been profecuted for writing and publifhinga "falfc fcandalous, wicked andjeditious Libel," and fentenced to imprifonment inflead of rhyfelf. It they had not written it, I could not have publifhed it, therefore the guilt refts with them, and with them alone ! — It would be a curious circumftance to fee the prime Minijler of ihit\ Country \ tried, fentenced to imprifonment, and obliged to find fure- ties for his good behaviour, tor pabiifhin'g a Libel on the Conftitution ! ! ! Whether this ought not to have been the cafe, I leave to the determination ot my readers. Had I been permitted, I mould have ftated to the Jury at Nottingham, the motives of my conduft. This oppor- tunity I could not embrace ; but to you, my Fellow Townfmen, I can now ftate them. I folemnly declare, then, that in felling this pamphlet, and in printing this pa- per, I was influenced by no " wicked" no " Jeditious" motives, but vended the one in the common courfe •£ bufinefs, along with pamphlets of every defcription ; and printed the other, with no other view, than to procure a fubfiftence for myfelt and my family. I afk any man of common fenfe, and common honefty, if he can fuppofe I meant to ftir up anarchy, confujton, or rebellion, by this conduct ! I will afk him ftill further ; can he for a mo- ment imagine, that I, whofe very exiltence as a tradefman depends folely on the continuance of peace and internal tranquillity, could ferioufly wifh to introduce a civil war into the country, in which perhaps my dearefl connections, or my own life, might have fallen a facrifice to the fan- guinary paflions ot a mifguided mob ! No man, I am perfuaded, can fuppofe it for a moment. All that I ever M 2 $4 A LETTER TO THS wiflv^ de fired, or contended for, was a peaceable, but RAD'CAL PARLIAMENTARY REFORM ; which 1 have evei conceived would effe&ualiy remove thofe gric varices, of which I believe few men except Placemen and Penfioners, will deny the exiflence. Reformation, no 1 Revolution, ever has been, and ever will be my objeft, as far as my private fentiments, and the influence of my Newfpaper could or can extend. From the legal and peaceable attainment of this important meafure, a meafure pregnant with fo many blefling to the whole community, I never as a private individual, will be diverted, I have embraced it from choice, from conviftion, and from a principle of duty ; and persecution, imprisonment, or com- pulfion, fhall never oblige me to abandon it. — But in fell- ing this pamphlet, and in printing this paper, which were done in the regular courfe of trade ; the criminality o£ my intention was no more apparent, than it would be in a Cutler unkowingly to furnifh an Affaffin with the inftru- ments of death. The mere acl of felling thefe things,no more proves the improper intention of my mind, than my fell- ing the Alcoran, proves me to be a believer in the dof^rines of Mahomet; or vending the writings of Pythagoras convifb me of being a believer in the tranfmigration of fouls ! — Thefeinferrences are fo extreme* ly obvious that they muft have been perceived by my ene- mies themfelves, tho' it has noi. yet fuited their intercfl to acknowledge them. 1 terePed and artfu 1 A ffociators, knowing the contrary all the time, have anxioufly endeavoured to confound what I fold wi*h what I thought ; — my condu6f, as a Booh- /Her, with my principles as a man ! — With this object in view, they have fought every oecafion to '• Infer the mot'''C from thi* de:d, and lTiew, l< That what I chane'd, was what I meant .o d«." Poti, INHABITANTS OF NEWARK. 8£ This with fome, has fucceeded moft wonderfully, and the Alarmifls, and political hypocrites of the day, have brand- ed me with the fi'ly epithets of feditious, turbulent, Livel- ier, &c. &c What is meant to arife from all this politi- cal cant, is no hard matter to determine. — '-'Tis mere!\ a " Tub thrown out to the H/iale;" a Will with a zikifp, to lead the Swinifh multitude aflray from their avowed pur- pofe of procuring a quantity of clean Jfrazv, and making their Jty a little more comfortable and eafy ! — If, by ap- plying thefe political 'vatchwords to rne, the Affociation intend to charge me with holding opinions contrary to their own ; that is, if they mean to charge me with being an enemy to public corruption, extortion, and oppreflion ; I plead guilty to the charge, and frankly confefs that to thefe things lam indeed an enemy. If to endeavour to accorn- plifh in a peaceable and legal manner, a more fair znd adequate reprefentation of the people ; — if a defire to ob- tain a more impartial taxation, and abolition of the Game Laws,* Prefs Warrants, and Tell Afis ; and the reduction of ufelefs places and enormous- penfions; — if a wifh to fee all thefe things accomplifhed, be feditious, the meafure of my iniquity is full, for here my fedition knows no bounds, but the bounds of the law. — If they intend by that won- der-working word, Leveller, to infinuate that I am an advo- cate for that wild vi nonary fcheme of Equality, which Mr. Reeves and his gang, are ftudioufly anxious to make the * At the very moment that I write this, there is a man in the K i n c '* Bench Prison, who has heen confined there feten years and eight months fur the tofts of a profecution commenced aga'.nit him bv a Sovle- tnan for being guilty of the high and dlrodous Crime ai having a dead H a R E, in his p.jiTeiiion ! It the Affociators wifh. for any further remarks on thefe mild, jufl and equitable Law), I tcfer them to iheir favourite aiulnr, Jud^e U^ack.- 85 A LETTER TO Till people of England believe confifls in an equalization of property; — if they mean to ftigmatife me with holding fuch nonfenfical opinions ; I mall only anfwer, that they know me better thanto believe them. — That I am a friend to " Equality, " and the " Rights of Man," proper- ly fo called, I am happy to have fo public an opportunity of acknowledging. And that my old Friends, the Af- fociators, may nothave it in their power to torture and per- vert thefe expreflions any more, as far as they relate to myfelf, I mall here give them what I conceive to be their meaning. It is then my firm conviftion, my molt de- cided opinion " that all the Citizens of a free State, (who " have not forfeited it by Crimes) ought, and it is their " RIGHT AS MEN, to enjoy an EQUALITY OF " LIBERTY, an Equality of protection from the Laws, *• and an Equality in the right of protecting them in Re- " turn. The inequalities of Inheritance, and thofe arifing " from fuperior Induftry, fuperior Education, or fuperior " Enterprize, are inequalities effential *.o the very exif- " tence of Society : but all unneceffiry Inequalities of " pofitive Iffitution, which affix Difgrace„ and Difquali- " fication, on mere fpeculative Differences of Opinion, '* or on inferiority of Poflefhons, are fubverfive of the ■* focial Compact-, tend to create Jealoufies againft Go- " vernors, and to propagate and augment thofe DifTen- " entions, which are a difgrace to our Times."* As my poor Newspaper has been the unfortunate means of procuring me fo much honorable notice from the " powers that be," permit me to fay a few words on that fubject, — The motives which fir ft induced me to publiih the New ark Herald, were I will frankly con- * Seethe marly and constitutional resolutions of the Juflicei oi the Newark Divi/ion Dec. to, 179a ; in the Nlwakx Heka^d Jan. 2, X V9» INHABITANTS OF NEWARK. 87 fefs, a defireto benefit myfelf in a pecuniary point ofview and at the fame time to contribute as far as the influence of fuch a medium could extend, to the fupport of public and Confthutional freedom. In fuch a populous, opulent, and commercial neighbourhood as that of Newark, I conceived a Newfpaper would be a great public advantage, and confequently highly acceptable to a very large part of the community. 1 laid the foundation of this paper, on the broad, honed bafis ot Impartiality, and, if ever any particular attachment has yet been difcovered in it, it is an ATTACHMENT TO THE RIGHTS OF THE PEOPLE. A paper conducted on fuch liberal princi- ples, was certain of receiving every fpecies of abule and oppofhion from thofe who were at all hoitile to fuch an undertaking, either from perfonal, fervile, or intereiied motives. Accordingly from the mean dependants of a- iarmed arillocracy, it received the homage of their fears, through their outrageous clamour againd it. Nothing was left undone, which malice, mcannefs, or envy could fuggeft, to fupprefs the Paper, and prevent me from procuring an honorable fubfiflance bv my own proiefiion. — My poiiiical principles were aflailed in every fhape. In this ilage of the bufmefs, I took up arms in my own defence, and ftaied thefe principles* to the public. The public decided between * " As the enemies of Liberty, (lie Envious, and the Malicious have induf- " trioufly endeavoured to mifrcprefent and vilify, the political principles of " the Printer 01 theN e war k Hera i.D,he gladly embraces ihepreftnl " oppotwnity of fteppii.g forward his own vindication ; and as the public f piolcffion of political fentiments is now fo geneial, it may perhaps ap. " pear necelfary that his fhould alfo be laid before the public. Infleadl " then, of being an enemy to the Confutation of this Country, a* has «' been reported of him, the Printer fpontaneoufiy and unequivocally afFcrts "' ihat he is mod fiacercly attaciied to it as it was originally and uncor- «' rupiedly created. — He admires its tliufture, he vrarmly approve* its, *' fpirit, and he rejoices in looking back and contemplating its beneficial #8 A LETTER TO THE me and my enemies,and determined the caufe in my favor* The patronage of the paper from that moment encreafed and has fince encreafed far beyond my expectations. In- deed the Newark Her ald is fo well eftablifhed and fo extenfively approved by the public, that my enemies tnay now bid adieu to all hopes of its fpeedy downfal. *' efFefis ; — but at the fame time he laments the abufes that bave irnpercep- *" tibly crept into fo fair a fyftem, and he fervently wifhes to fee them re- . •' formed. In exprefiing this wifh he is influenced by r.o improper, n<) "■ Jiaitious motives. He thinks to reform will be to fave ; to repair, wilj " be to prevent the edifice falling into ruin ; and to concede, will be to •* conciliate the affeclions of the People, and ultimately prevent, not oua~ ** fiev,, convulfion. Thefe important objects he hopes to fee accomplifhed a ** ia.a, legal, liberal, and peaceable manner. In this hope he is further *' encouraged fiom knowing, that the powers of the Constitution aie fully *' adequate lo its reformation — In cherifbing thefe fentiments, and in ** publicly avo-ving thefe opinions, he is perfuaded he is acting as a firm *' and fincerc friend to the real interests of his country. In ths rational, **■ temperate, and lawful pur/nit of this object, and in his efforts tor the f* prefervatiou of that facred palladium of Engiifh Liberty, the Fr eedom '• of th« Pre»s, no offer of emolument irom the venal, no dread of " vengeance from the powerful, no fear of threats r Jor threats have beeiy *' '{fed) from the corrupt and the arbitrary, ITia.lI ever deter him. -Such " aie his political opinions — and conformable to thefe opinions, he trults 8 *' has been his conduct as Printf* of thk Newark Herald. — *' Warmed and animated with the Freedom he enjoys in his o w n Country ** he has ever cordially rejoiced to mark the extenfion of general Liberty ,; to the reft of his fellow men ; and has exulted with the charafteriftic 44 feelings of an Ehglifhman, when it Las been his grateful province to re- " cord the fall of Defpotifm, or the defeat of Tyranny. — In relating ** thofe great and aflonifhing Events which have recently paffed before the •' public eye, — events in which the deareft interefts of human nature have •* been involved — lie has endeavoured to be copious, he is c»nvmced lie •' has been impartial, and he is certain his infoi nution has been derived «* from the beft fources. In detailing; alfo the important occurrences at '* home, he is confciou$ n® attachment to Party has ever yet been difcern- 41 able in his conduct, except, indeed, an attachment to that Party to. *• which he publicly avows his adherence, — THE PARTY OF THE •• : PEOPLE." Kkwa&k Hshald, Jan. 2,1753. INHABITANTS OF NEWARK. $9 Kere, my Fellow Townfmen, I fhould clofe this long addrefs, did there not remain one interefting charge for me to anfwer, and which I now feel it will be both plea- Ting and honourable for me to do. — It is this — I am accu- fed of being, as an inhabitant of Newark, a party man ! — I plead guilty to the accufation ! The In- dependent Interest of my native place, has ever had, and ever will have, my warmeft withes, and my firmeft perfonal fupport ; as far as the wifhes and the exertions cf fo obfcure an individual as myfelfc can go. — Compofed of men of the firft characier for in- tegrity and the love of Liberty ; ftruggling in the caufc of local and general Freedom, and fuccefsfully exerting; themfelves to emancipate their fellow Townfmen from the trammels of arifcocracy, it is an honour to belong to fuch a party, and I glory in the difhnftion ! Ever fince my mind could difcriminate between Liberty and Slavery, I have been zealoufly attached to this party from princi- ple and inclination. — I am now attached tO it by a tie aU mojl as binding — the tie of Gratitude ! — Some little time fubfequent to my late trials, unknown to, and unfolicited by me, the Gentlemen of this party fubfcri- bed and applied to my ufe, a very hand fome furri towards defraying the enormous law expences of my various pro- fecutions* ! Such an uncommon inftance Of liberality and pub'ic fpirit, in fo fmall a circle, I feel the greateft pollible degree of pleafure in making public ; it reflects; the higher! honour on thofe who railed it, and to me it is peculiarly flatteiing. To have rav conduft and principles fo approved, and my (lender efforts in the caufeofFresdora, fo rewarded, more than overpays years of imprifonment ; * I fhould think, myfelf the moft ungrateful of men, ware I to omit this ■public opportunity ot alfo returning my warmeft acknowledgments to a Society of Gentlemen of Newark and the neighbourhood, for their flatter-* •115 and difintcreiled prefent of Fi tty Pound* J N §6 "a Letter to rki it makes even confinement a pleafure. It is an h'onouf of which I mall ever be proud, and a gift for which t (hall ever be grateful ! — I now leave it to you, my Fel- low Townfmen, to contraft the conduct of this party, with the conduct of the humane Affociators ; — to mark the unfeeling vindielive malice of the one in purfuing an innocent viftim to deftruftion, and the generofity of the other in matching him from ruin ;— I leave it to you to draw this contraft, and then fay, to which party I ought to be attached I In fpeaking thus warmly of one party, it would give me extreme uneafinefs were it thought for a moment that I intended to reflect indifcriminately on the other. In that party I know many characters who are orna- ments to human nature, who poffefs the utniofl liberality of fentiment, and whofe manners and conduft have fecured them the efteem of the whole town. God forbid I fhould reflecl: on charailers like thefe \ It is only on the mean, the malicious, the unprincipled and thefervile, that I wifh to fix that odium to which the turpitude of their conduct fo juflly entitles them ; and that odium I believe has been already fixed on their heads by an indignant public. In the hands of that public I therefore leave them, wellaf- fured, that their flagitious proceedings, will finally meet with the contempt, deteflation, and abhorrence of all ho- ned, difinterefled men. And now, my Fellow Citizens, having detained you fo long on thefe topics, it is high time I wound up the thread of mv narrative, and put an end to all further efforts of your patience. 1 beg pardon for being, I fear, too prolixs minute, and defultory ; and I would alfo apologize for the too glaring inaccuracies of my language, and the various inelegancies of my flile ; did I not know that your can- dour and liberality are more than adequate to overlook the deficiencies of both. My objecl: has bzen to tell a INHABITANTS OF NEWARK; Q\ et round unvarnijlied tale"; I have told it to the bed of my ability ; had I known how, I would have told it better,, Such as it is, I leave it with confidence to you ; allured, that however you may diflike the manner ', you will not fail to dojuftice to the matter contained in the preceding^ pages. — You will dojuftice between me and my enemies. By your decifion I fhall implicitly and with pleafure abide convinced that it will be the decifion of Truth and Impar. tiality. Believe me, this is not the language of unmeaning complaifance, but the genuine efFufion of pure refpeft and gratitude. To you in particular, my Fellow Townfmen, I principally owe my flattering fucccfs in bufinefs, and to you it is, that I chiefly look up for future fupport. Your good efteem, next to the approbation of my own heart, is all lam ambitious to acquire, and mould- you determine that my conducl entitles me to your regard ; fhould you pronounce that I have honorably fufFered in the facred caufe of Liberty, my happinefs will be then compleat. The Persecutions 1 have already had the honor to experi- ence, mc, and ever will be, my pride and exultation, as they have been occafioned by an attachment to that belt of all caulks ; the caufe of all mankind — the cause OF Free- dom ! Imprifonment 1 fhall henceforth unceafingly con- fider as the moil fortunate event of my life, it it is the means of fecuring me your approbation, With fentiments of the purefl refpeft, efteem and gra. titude, I remain, FeHow Townfmen, Your obliged and very faithful Humble Servant, Firft Year of Imprifonment, \ DANIEL HOLT. NEWGATE, Jan. 21, 1794./ APPENDIX No. I. A LETTER FROM HIS GRACE THE DUKE OF RICHMOND^ TO LIEUTENANT COLONEL S HARM AN; TO WHICH IS SUBJOINED A COPY OF HIS GRACFjBILL, Jf O R A Parliamentary Reform, I "SIR, have been honored with a Letter from Belfaft, dated the 19th of July laft, writ- ten in the name of the Committee of Correfpondence ap- pointed by the delegates of forty five Volunteer Corps aflembled at Lifburn on the lft of the fame month, " for taking preparatory fteps to forward their intentions on the fubje£t. of a more equal Reprefentation of the People in Parliament," and figncd by their iccretary, Henry Joy, jun. Efq, g4 APPENDIX- In this letter, after fhewing the corrupt fla-te of the Bo* roughs in Ireland, the general opinion of the people that the Conltitution, can he reftoredto its ancient purity and vigour by no other means than a Parliamentary Reform, and informing me ot the ftcps which, have heen taken and are taking by the Volunteers, in determining to procure this dcfirable objeft, the Committee is pleafed " to requefl my femiments and advice as to the belt, moft eligible and IHoft practicable mode of defl-roying, retraining, or coun- teracting this hydra, of- conuption, Borough influence, in order to lay my opinion before the provincial aflembly of delegates which is to be held at Dungannon on the 8th of September ne^t.'* This great mark of confidence, from gentlemen in whom fo muchtruftis placed, does me great honour; for as 1 have not the pleafure of being personally known to any of them, I can owe it but to the favourable opinion they are pieafed to entertain of my conftant and z£alou& endeavours in the public fervice. I am fenfible that the only proper return I can make for this honorable diflinftion, is to obey their commands in the bell manner I am able ; for although my infufficiency for fo arduous a talk would afford me but too good an excufe for declining ir, yet I feel it would be incenfiilent with my ideas of the obligation every man is under to fcrve the public as well as he can ; if I was to refufe giving my opinions, fuch as they are, when thus called upon by a refpectab'ie body of gentlemen. Befides my inability, I have to regret the want of time to col left and arrange my thoughts in fuch a manner as to be fit to appear before you, and the necefTary limits of a letter, which will not admit of the extenfive inveft'gation tirhich a fubjecl ol ihis vail importance deferves ; for al- APPENDIX. t)$ though I feir I mufl.be long, I am fenfible I e an not do it •iuflice. The fubjeftof a parliamentary reform is that which of all others, in my opinion, moft deferves the attention of the public, as I conceive it would include every other advan- tage which a nation can wifh ; and I have no hefitation in faying, that from every confideration which I have been able to give to this great queftion, that for many years has occupied my mind, and from every day's experience to the prefent hour, I am more and more convinced that the rejloring the right of voting univer [ally to every man, not incapacitated by nature for want of reafon, or by law for the co??imiffion of crimes, together with annual eleclions, is the only reform that can be effeftual and permanent. I am further convinced that it is the only refoim that is prac- ticable. All other plans that are of a palliative nature have been found infufHcient to intetefl and animate the great bodv of the people, from whofe earneflnefs alone any reform cart be expected. A long exclufion from anv fharc in the le- giflature of their country has rendered the great mafs of the people indifferent whether the rmnoply that fubfiils, continues in the hands of a more or lefs extended compa- ny ; or whether it is divided by them into ihares of fome"- what more or lefs jud proportions. The public feels it- felf unconcerned in thefe contefls, except as to the oppref- fions it endures, and the exa6tious it fufTers, which it knows mud continue fo long as the people remain deprf- ved of all controul over their reprefentatives. This indif- ference of theirs, when the lafh attempt was made for addi- tional county members, was ufed by your opponents as an argument againfl all reform ; it wasafked with a triumphant air, where are the petitions from the inhabitants of Bir- mingham, Manchciler, Halifax, and othergre.it unrepre- sented towns ? And their filence was deemed a nroof ok $$ APPEN-Dltf? their acqiiieicencft and fatisfaction in the prefent form of elections ! The truth is, that the people have been fo often deceived, that they will now fcarcely truftany fet of men $ and nothing but felf-evident conviction,, that a meafure tends effectually to the recovery of their rights, can or indeed otight to interefl. them in its favor. The leffer reform has been attempted with every pof- fible advantage in its favor ; not only from the zealous fupport of the advocates for a more effectual one, but from the afiiftance of men of great weight both in and out of power. But with all thefe temperaments and helps it has failed. Not one profelyte has been gained from corruption, nor has the leaft ray of hope been held out from any quarter, that the Houfe of Commons was inclined to adopt any other mode of reform. The weight of corruptioa has crufhed this more gentle, as it would have defeated any more efficacious plan in the fame circum- flances. From that quarter therefore I have nothing to hope. It is fiom the people at large that I expect any good. And I am convinced that the only way to make them tael that they are really concerned in the bufmefs, is to contend for then full, clear and indifputablt rights of univerfal reprefentation. I Call them fuch, not only from my own conviction, but from the admifTion of the friends to the more moderate plan, who in the fecond ad« drefs of the Yorkfhire committee to the people, confef ♦ that our claims are founded on the true principles of the conftitution, and only object, to them on account of impracticability. But their plan has now had a fair trial, and (if it is from the inclination of parliament that prac- ticability is to be expected) has been found as impractica- ble as ours, The more extcnfive plan, at the fame time that its operation is more complete, depends on a more effectual fupport, that of the people. "APPENDIX." Q7 I am alfo perfuaded that if the fchrme for additional county members had proceeded any further, infinite diffi- culties would have arifen in adjufting it. Neither the Yorkfhire committee nor Mr. P'tt have the detail of their plan. A juft reparation would nave been a moft intricate tafk, fo. whe e ifRrent inter, fts are feparately reprefent- cd, the proportion is not very eafy toafcenain. Thp doubt you ftate concerning this mode of reform appears to me well founded; a few great families might divide a county between them and chufe the members by a houfe lift, like Eaft India Directors. Another difficulty ftom the increa'feof the number of Members whie h might render th;j houfe more tumultous tVan deliberative, as its weight. But the greatefl objection, in my opinion, to this and to every other narrow and contracted plan of reform, is, that it proceeds upon the fame bad principle as the abufe it pretends tO re£hfy ; it is ftill partial and unequal ; a vaft majority of the community is itill left unreprefented ! and its mo ft effential concerns* life, liberty and property, continue in the abfolute difpofal of thofe whom they do not chufe, and over whom they have no controul. In the arrangements of plans of this kind there is no leading principle to deteimme that the ad- dition ought to be, one hundred, fifty, 01 two hundred ; that the allotment fhould be according to the population, pro- perty, or taxes paid in each county if that any fuppofed proportion between the landed and trading intereft is the juft one, and that the divifion of county and city members will correfpond with this proportion when founds AH is at fea without any compafs to enable us todiftinguifli the fafe from the dangerous courfe. But in the more liberal and great plan of univerfal re- preftntation, a clear and diftinct. principle at once appears that cannot lead us wrong. Not conveniency but right : o §$ APPENDIX. If it is not a maxim of our constitution, that a Britifri fubje£t is to be governed only by laws to which he has confented by himfelf or his reprefentative, we mould in- stantly abandon the error ; but if it is the effential of free- dom, founded on the eternal principles of juftice and wif- dom, and our unalienable birth-right, we mould not hefi- tate in afferting it. Let us then but determine to aft on this broad principle, of giving to every man his own, and we fhall immediately get rid of all the perplexities to which the narrow notions of partiality and exclufion mult ever be fubje£t. In the digefting a plan upoh this noble foundation we fhall not find any difficulty that the molt common under- standing and pains will not eafily furmount. It does not require half the ingenuity of a common tax bill ; and as a proof of this afTertion I myfelf drew the form ot a bill for this purpofe, which I prefented to the Houfe of Lords in 1780 ; not as a peffe6t work, but merely to fhew how eafily the objections to the practicability of the plan, and the inconveniences that are fuggefted, might be got over* I believe the fending you a copy of my bill will be the belt way of explaining its operations. I have not one 1 ready at this moment, but it fhall loori follow this letter. I fhall therefore only mention at prefent a few of its provifions, which I think entirely remove the molt plau- sible objections that have been urged againft it. The prefent number of Members in the Houfe of Com- mons is preferved, fo that all apprehenfion from too nu- merous an alTembly ceafes. An account of the whole number of males of age in the kingdom is to be taken and divided by the number of members to be fent, which will find the quota of electors APPENDIX! §9* to chufe one member ; from trie belt accounts I can now get, it will be about two thoujand and Jix hundred ; thefe are to be formed into diftricls or boroughs from the mod; contiguous parifhes ; and by having all the elections throughout the kingdom in one and the fame day, and taken in each parifh, all fear of riot and tumult vanifhes, Thegreat expence of elections, which arifes chiefly from the coft of conveying ele£lors to the place of poll, and en- tertaining them there and on the road, will be no more when every man will vote in his own parifh. Bribery mu ft entirely ceafe ; in a fingle borough it wouldbe difficult on fo many as to have any effec"t, impofiible. The nura« bers to be bought would be infinitely too great for any purfe. Befides, annual parliaments, by their frequency* and by their fhortnefs, would doubly operate inpreventing corruption. The vaft expence of petitions to parliament on account of illegal returns, would be reduced almoft to nothing. The points on which thefe contefls generally turn, are the qualifications of the ele&ors under the numberlefs reflec- tions the prefent laws have impofed, which require the attendance of witneffes, the production of records, and are fubje£t to infinite difpute. But when no other quali- fication fhall be neceffary but that of being a Britifh fub- ject, and of age, there can be but little left to contend upon as to the right of elettors to vote. All other queftions, that, could afford ground for a petition would be trifling, and might be decided in one day. Many other objecti- ons are obviated by the bill, but it is needle fs here to men- tion them. But there is another fort of objection againft which n provifion can be made, as it is merely imaginary. It is feared by fome, that the influence of power and riches O 2 XOO APPENDIX. will give to the arlftocracy fo great a lead in thefe elections as to place the whole government in their hands. Others again drear 1 , that when paupers and the lowed orders of the people in all have an equal vote with the firft common- er in the kingdom, we fh.sl! {all into all the confufion of a democratic republic. The contraries of thefe two ap- prelnnfions might of ufeh bea fufficient pi oof that neither extreme will take place. It is true, that the pooreft man in the kingdom will have an equal vote with the firft, for the ciioice oi the perfon to whom he tiufU his all; and I think he ought to have that equal degree of fecurily a- gainft appreffion. It is alfo true, that men of fuperior fortunes will have a fuperior degree of weight and in- fluence : andl think that as education and knowledge ge- nerally attend property, thofe who poifels- them ought to have weight and influence with the more ignorant. But the effential difference will be, that although the people may be led thev cannot be driven. Property will have its weight, as it ever mull have, in all governments ; and I conceive, that in this plan it will precifeiy find its jufl proportion combined with talents and character. A man of great property that is beloved and efteemtd, will, as he ought, have the greateft fway ; but tyranny and oppreffion though attended with riches may be refiiled, and will no longer be attended with a burguge tenure at command. Another fubjett. of apprehenfion is, that the .principle of allowing to every man an equal right to vote tends to equality in other refpetts and to level property. Tome it feems to have a direel contrary tendency. The equal rights of men to fecurity from oppreffion, and to the en- joyments ot lite and liberty, ftrike me as perfectly com- patible with their unequal fhares of mduftry, labour and geniu , which are the origin of inequality of fortunes JThe equality and inequality oi men are both founded in APPENDIX- 101 Slature ; and whiHl we do not confound the two, and on- ly fupport her eilablifhments, we cannot err. The pro- tection of property appears to me one of the mod effen- tial ends ofAVety; and fo far from injuring it by this plan, I conceive it to be the on'y means of prefervlng it ; for theprefent f) ftem is haftening with great ftrides to aperfe£l equality in univerfal poverty. It has been faid, that this p'an of extending the right of voting to every individual creates much uneafiaefs in the minds of quiet and well difpofed perfons ; and that if paupers, vagabonds, and perfon; of no p operty, were left out, there would be 90 objection to extend it to all lioufeholders and perfons paying taxes, and that the fame divifion into diftricis might take place. My anfwer is thai I knowof no man, let hira beever fo poor, who in his confumption of food and ufe of raiment, dues not pay- taxes, and that I would wifh to encourage an enthufiafm ior his country in the bread of every iubject, by giving him his juft ffure in its government, I readily admit, that fuch an alteration would be a vaft improvement ; but I muft prefer the adhering rigidly to a felf-evident prin- ciple, efpecially when attended with no inconvenience in the execution, that I can for fee. Befides, we fhould again fall into the difficulties of drawing the line offepa- iation, and into thedifputes about qualification, The apprehenfions that our government will becom e too democratic, have been urged on another ground, It has been laid, that the Koufe of Commons has ufurped the whole power ofgovernment : thai the crown in reali- ty no longer pofiefles its negative, and muft in all things be ruled by the Houfeof Commons : that the Houfe of Lords, in confequence or its exclufion (by the will of the Houfe of Commons and not by lavv) from interfering in money bills, no longer in fact exercifes the functions of a 102 APPENDIX, branch of the legiflature : that the only means by whicf* the balance of the conftitution is now in any degree pre- served, is by the irregular influence of the crown and of the Peers in the Houfe of Commons : and that it they are excluded from interference there, as it is fuppofedt ■will be the cafe if this bill pafles, and are not reftored to> their original fhare of power, the equilibrium will be de-. ftroyed, and the Government become purely demo- cratic. To remedy this objection, it has been anfwered by others, that it is but juft and reafonable, and that they mean at the fame time that the Commons are reftored ton their rights, that the Crown and the Peers (hould recover theirs. This anfwer has been ridiculed in my opinion; with more wit, than folidity of argument It has been represented as admitting that whilfl the Houfe of Conj-r mons continue corrupt, the King and Lords fhould fub- mit to its decifions ; but that when it fhould really fpeak the voice of the people, then it would be right to revive; the dormant powers of refilling it. For my part I agree in opinion with thofe who are for refloring to all parts of the flate their jufl rights at the fame time; to do it generally, not partially, is what I mufl contend for. At the fame time, I admit that I am not for reiloring the negative of the crown. My reafon is, that it appears to me preposterous that the will of one man fhould forever obftruct every regulation which all the reft of the nation may think neceffary. I object, to it as I would to any other prerogative of the crown, or privilege of the lords, or people^ that is not founded upon reafon. But I agree, that if the Houfe of Commons was redu- ced to its natural dependence on the people alone, and the APPENDIX. iO$ prefent fyftem of making it the exclufive part of govern- ment was continued, we fhould approach to a pure demo- cracy more than our conftitution warrants, or than I wifh to fee. I am not for a democratic, any more than for a ariftocratic, or monarchic government, folely ; I am for that admiiable mixture of the three, that our inimitable and comprehenfive conftitution has eftablifhed : I wiflt to fee the executive part of government revert to where the conftitution ha? originally placed it, in the hands of the Crown to be carried on by its minifters : thofe rni- nifters under the controul of parliament ; and parliament under the controul of the people. I would not have par- liament made, as it daily is, a party concerned in every aft of ftate, whereby it becomes the executive for which it is not calculated, and lofes its fuperint ending and con. trouling power, which is the main end ot its inftitution. For when the two houfes are previoufly pledged by ad- drefTes, votes and refolutions, it becomes extremely diffu cult for them afterwards to cenfure meafures in which; they have been fo deeply engaged by afts of their own. Another great inconvenience arifes from parliament's ta- king fo much of the executive of government on itfelf^ which is, the exceffive length of the feffions ; an evil which of late has greatly encreafed. Now that parliament is en- gaged in every detail in order to fcreen the minifter, ic never can finifh its bufinefs till the middle of the fummer, when the independent country gentlemen, tired of a long attendance and hot weather in town, is retired to his pri- vate bufinefs in the country, and that of the public left to be fettled in thin" houfes bv a few dependents of the minifter. A fhort feffion of two or three months would be fufficient to examine the expenditure of former grants, to make new ones, to redrefs grievances and pafs fuch general laws as eircumftances might require.- The iricon- 104 APPENDIX. veniency and expence to a private member of parliament in attending his duty would then be trifling ; and inftead of fortv commoners and three peers to form a quorum to decide the greatefr. matters of fla'e. the atten lance of two thirds of each body, which wouH give refpeel to their proceedings, might aid ought to be required. I am al- fo free to own my opinion, that when the Houfe of Lords lhall be effectually prevented from having any influence in the Ho ife of Commons, as I think it muft by this bill, it fhould at the fame time »e" over its equal rights in every refpeft with the Houfe of Commons as a co-ordinate branch of the legifiature. Thefe fentiments are I think confo- nant to the idea fo w 11 e prefTed in your letter to the vo- lunteer army of the province of Ulfter, " to reflore to the Crown its original fplendor, to nobility its ancient privileges, and to the nation at large its inherent rights." I believe I have novv troubled you with all that is ne- ceffaiy concerning my plan. My Bill will (hew the de- tail as far as concerns the Houfe of Commons and the election of Scotch Peers : The regulations for reftoring to the Crown its executive and to the Houfe of Lords its deliberative functions fhould be added to and form a part of thii Bill ; but I have not as yet had time and leifure to prepaie them. In what I have faid, I have fhewn my opinion con- concerning the id, 3d, 4th, 6th, and 8th queftions you Lave propofed to me. There remains the 2d, 5th and 7th to be confidered. In refpect to the fecond which I prefume relates to the admiffion of Rorran Catholics to vote at elections, I can only fay, that the fame principles which go to civil liberty equally lead to liberty of ronlcience : I admire with you the glorious fpirit of toleration which you fay has united APPENDIX, IO5 the once diftra&ed inhabitants of Ireland into one indif- foluble mafs : And lam fure that nothing fliort of evident danger to the (late can warrant its interference in religious opinions. But unacquainted as I am with the flate of Ireland, it is impoffible for me to know the prefent temper and difpofition of the Roman Catholics there, and thofe only who are on the fpot can judge how far exclufions of this fort are neceflarv, or ought to extend. With regard to the 5th qucflion, if voting by ballot is advifable ? I am clearly of opinion that it is not. The idea of a ballot can have arifen but to avoid the effecl: of fome improper influence ; and I conceive it much more noble, direftly to check that influence, than indireMlyto evade it by concealment and deceit. I am convinced that trivial circumftances in things like this tend greatly to form the national character ; and that it is mod confident with that of a Britifh or Irifh freeman, that all his a&ions fhould be open and avowed, and that he mould not be afhamed of declaring in the face of his country whom he wilhes to intruft with its interefts. Upon the fame idea that ballots may be a cover for independence, they mull alfo be a cloak for bribery and a fchool for lying and de- ceit. As to the 7th queftion, whether it would not be equita- ble or expedient that Boroughs now in the poffefTion of individuals fhould be purchafed by the nation? I think that although no man can have a itrict claim in equity to be refunded the lofs of what lieaher buyer nor feller had a right to barter, yet it will be wile to purchafe the good- will, or at leafl to (often the refinance, ot trie prelent powerful poffeffors of boroughs by a moil; ample compen- fation. The liberties of a nation cannot be bought too dear ; but the whole colt ot thefe boroughs would not amount to the profits of one jobbing contract, I have now anfwered all the queftions you were pleafec! to propofe ; but 1 muff mention another advantage which ought to recommend the meafures you are purfuing to every friend to the internal peace and quiet of the king- dom, which is, that when the people have obtained a re- gular, legal, and fpeedv way of giving effeft to theii fenti- ments, there can no longer be anv apprehenfion of their endeavouring to redrefs thernfelves by mods and tumults ; and even fuch regular and well conduced meetings as yours will become needlefs. I mention this circumflance with the more fatisfaftion, as it ftamps your conduft with the mod unequivocal marks of difinterefted patriotifm* Power, when once acquired, is generally endeavoured to be preferved by its prfleffors ; but you after having takeu up yours from neceflity, and employed it ufefully, are now endeavouring with unexampled virtue to render its continuance unnecefTary. For g r eat as your fer- vices have been, in fo foon forming a complete army, in the advantages you have procured for your country, in the good order you have preferved, and in the efficacy you have given to law, you will derive Hill greater credit, in mv opinion, from your good fenfe in feeing that a great military force totally unconnected w th the civil govern* ment cannot be a permanent eftablifhment in a free coun- try, whofe fit ft principle is never to trull abfolute power in any hands whatever. Your prefent endeavours to re- {tore the conftitution to its purity and vigour evidently tend to make this and every extraordinary inftitution un- necefTary ; for when the people are fairly and equally re- prefented in parliament, when they have annual opportu- nities of changing their deputies, and through them of controuling every abufe of government in a fafe, eafy, sind legal way, there can be no longer any reafon for re- APPENDIX. 407 curring to thofe ever dangerous though fometimes necefla- r\ expedients oi an arm d force, which nothing but a bad government can jufty. Such a magnanimous end to your proceedings, v heu after ha\ ing reftored liberty, commerce, and a free government to vour country, you fliall voluntarily retire to the noble character of private citizens, peaceably enjoying the bleffings you have procu- red, will ciOwn your labouis with everlafting glory, and is worthy the genuine patriotic fpirit which animates the Irilh Volunteers. Before I conclude, I beg leave to exprefs a wifh that the mutually cflential connection between Great Britain and L eland may foon be fettled on fome liberal and fair footing. That which did fubhfl was on fuch narrow and abfurd principles that no friend to either kingdom can re- gret its lofs : founded on conflraint and dependence, in- compatible with the condition of freemen, Ireland had an indifputable right to diflblve it whenever fhe chofe fo to do. But furely, if we do not mean a total feparation, it would be right to agree upon fome new terms by which we are to continue connected. I have always thought it for the intereft ot the two iflands to be incorporated and form ore and the fame kingdom, with the fame legiflature meeting fometimes in Ireland as well as in England. But if there are difficulties to fuch an union not to begot over at prelent, fome fort oKjadcral union at leait between the two kingdoms feems necellaiy to afcertain the many cir- cumftances that concern their joint interefls ; and an uni- on of this fort may now be tormed with much greater propriety than beiore, as it will be lanctified by the fiec confent of independent nations. I do conceive that fome ficps of this fort is abfolutely neceffary, becaufe the prefent footing, of feparation rathci 1 P2 " *08 APPENDIX. than union, is too unfair to be able long to lubfift. En- gland, befides the load of the whole debt contracted for the ufe of both kingdoms, bears all the burdens of naval defence and foreign negociations, and by far more than its proportion of the land fervice in time of war. But what is worfe, is, that there is no certainty now lelt that we fhali have the fame enemies and the fame friends : Different interefts as they may appear, may lead one king- dom to think a war neceffarv, and the other to remain in peace: ihe fame king, in his different kingdoms, may think it wife to follow the advice of his refpe&ive parliaments : I need fcarcely add, that the unavoidable confequences of fuch a difference are a war between the two kingdoms. Unlefs fome fettlement takes place upon thefe and many other important fubjeQs, I am far from being cleai that it will be for the advantage of liberty in either kingdom, that its Monarch mould continue the fovereign of a neigh- bouring flate with which it has no connection. I am fenfible that there are great difficulties attending tbe ari- juflment of fuch an union, and that it requires great wif- dom and temper to form it, efpecially on the part of Ire- land, which muft feel that ihe ought to give the preponde- rance to Great Britain ; but I am fure the bufinefs ought not to be neglefted, and that every true friend to both kingdoms ought to give it his moft zealous affiftance. I beg pardon for having gone into a fubjeel: not imme- diately belonging to that, upon which you have defired my opinion, but ] thought it fo connected with it, and at the fame time fo important, that I truft you will excufe my having introduced it. I fear I have been very long, but it was impoflible for me to comprefs fo much matter into a lefs compa's, and when you wifhed to have my opinion I thought it belt to give it fully, or at leaft as fully as I could in a letter. If it contains one thought that can be APPENDIX. IO9 ufeful I frail be happy. I have only to allure the Com- mittee of the zeal I feel lor the caufe the Volunteers have undertaken, to the fupport of which I (hall ever be ready to give every afli'ianee in my power; and that it is with the higheft refpe£l and admiratioti for their con- duel, that 1 have the honour to be Their mcit obedient Augufl igth t 1783 and moil humble Servant, RICHMOND, &c„ A BILL, ENTITLED, Jin Ac! for declaring and rtjloring the natural, unalienable^ and equal right oj all the Commons of Great Butain (i,i» fauts. perjons oj in fane mind, and criminals incapacicuri by law, only excepted) to vote in the election oj their J.e* prefentatives in Parliament : For regulating the manner of fuch elections; For reftoring annual Parliaments; For giving an hereditary /tut to the fix teen Peers which flxall be elecledfor Scotland; And for ejtaulijhing more equita- ble regulations concerning the peerage oj Scotland. *^)S, 7HEREAS the life, i ; berty, and property of every man is or may be affected by the law of the land in which he lives, and every man is bound to pay objai- ence to the fame. And whereas, by the conftitution of this kingdom, the ti^ht of making laws is veiled in three eftates of King, Lords, and Commons, in Parliament aflembly, and the con. lent of all the three laid Eitates, comprehending the il© APPENDIX. whole community, is neceffary to make laws which bind the whole community. And whereas the Houfe of Commons reprefents all the Commons of the realm, and the confent of the Houfe ok" Commons binds the confent of all the Commons ol the realm, in all cafes on which the legiflature is competent to decide. And whereas no man is, or can be a&ually represented who hath not a vote in the election of his Reprefentative. And whereas it is the right of every Commoner of this realm (infants, perfons of inf?ne mind, and criminals in- capacitated by law, cn'y excepted) to have a vote in the election of the Reprefentative who is to give his confent to the making oi laws by which he is to be bound. And whereas the number of perfons who are fufferedto vote for electing the members of the Houfe of Commons do not at this time amount to one Jixth part of the whole commons of this realm, whereby iar the greater part of the faid commons are deprived of their right to ele£t the!** Reprefentatives ; and the confent of the majority of the whole community to the paffing of laws is given by per- fons whom they have not delegated for fuch purpofe ; and the majority of the faid community are governed by laws made by a very Imall part of the faid community, and to which the faid majority have not in faft confented by themfelves or by their reprefentatives. And whereas the ftate of election of members of the Houfe ol Commons hath in procefs of time fo grofsly de- viated from its fimple and natural principle oi Reprefen-* tation and equality, that in feveral places the members are returned by the property of one man; that the fmalled Boroughs fend as manymembcrs as the Iargeft Counties; APPENDIX. lit and that a majority of the reprefentatives of the whole nation are chofen by a number of voters not not exceeding twelve thoufand. Now for remedy of fuch partial and unequal Reprcfen- tation and of ihe many mifchiefs which have arifen there- from ; and for reftorin.fr, afTerting, and maintaining the rights of the Commons of this realm, be it declared and enafted, and it is hereby declared and enafted, by the- King's moll excellent Majefty, by and with the advice and confent of the Lords Spritual and Temporal and Com, inons in this prefent Parliament affembled and by the au- thority of the fame, That every Commoner of this realm (ex., cepting only infants, perfons of infane mind, and criminals incapacitated bv law) hath a natural, unalienable, and equal right to vote in the election oj his Reprefentative in Parliament And whereas it was accorded by flatute in the fourth year of the reign of King Edward the Third, " that a Par- liament fhould be holden every \ ear once, and more often if need be ;" which ftafute was confirmed by another fta- tute p.ffed in the 36th year of the reign of the faid King Edward the third : And the practice in ancient times was for writs to iiTue for the election of a new parliament eve- ry year. And whereas frequent elections are indifpenfably necef- fzry to enable the commons to alter and amend the choice of their Reprefentatives as they may fee occafion ; and fuch elections ought to be as frequent as may be, confident with the ufe of a reprefentative body : and the ancient practice of annual elections is well calculated for fuch pur- yofe. And whereas triennial and feptenni*! Parliaments, by tendering theexercifc of the right of election lefs ire- fit APPENDIX. quent, tend to make the Reprefentattves !eTs dependent on their constituents than they always ou^ht to be ; and »]fo deprive the Commons for many years after they come «f age of their franchife of electing their own reprefen. tative? ; Be it declared and enacted by the authority afore-* /aid, That the eleclion of members to Jervd in the Houfe of Commons ought to be annual. And whereas, in order to reform the manifold abufeS which in nrorefs of time have been fu fie red to take root • in the manner of electing the Representatives of the Com- mons, and in order to eftablifh a free, true, and equal re- presentation of a'l the people, it is neceffary that all the laws refpefting the ele&ion of members of Parliament not applicable to the prefent intended reform fhould be repealed and annulled, and that the manner of electing the Commons in Parliament, and all matters and things refpe&ing the fame, be new modelled according to the prefent flate of the kingdom and to the ancient and unalie- nable rights or the people. Be it enafted by the authori- ty aforefaid, That all future eleftions for Reprefentatives of the Commons of Great Britain in Parliament fhall be made according to the provifions and regulations of this acr, and not otherwife ; and that all other afts, laws, cuf- ioms, and ufuages contrary thereto, or fuch parts of them as are inconfiftent therewith, fhall be, and the fame are hereby repealed, annulled, and made void to all intents and purpofes whatfoever- And be it further enacled, That the number of mem* beis to fit in the Houfe of Commons fhall remain and be the fame as at prefent, and fhall confifl of Jive hundred and jifty-right members. And whereas the due proportion of Commoners to elccl each member of Parliament can be properly deter- Appendix. 1i^ Pruned but From a knowledge of the whole number of Commoners in the kingdom having a right to vote : Be it enafted, That in order to ascertain the fame, this aft [hall forthwith be tranfmitted by one of his Majefty's principal Secretaries of ftate to the Minifter of each pa- rifli, and likewife to each afting Juftice of the Peace, iii Great-Britain : And each of the faid minifters fhall read, or caufe to be read, the faid aft in his parifh church im- mediately after divine fervice and before the ferrhon eve- ry Sunday in the month of November next : And each of the faid Juftices of the Peace withiri their refpeftive dif- trifts fhall diligently enquire on every Sunday in the faid month of November next, whether the feveral minifters have read this aft accordingly ; and if it mail be found that any minifter mail have neglefted fo to do, the Juftica of the Peace finding fuch negleft (hall caufe this aft to be lead by fome other perfori on the next Sunday irt fuch pa- Tifh church in manner aforefaid. And be it further [enafted, That on the firfl of De- cember next the Minifter of each parifh, together with the Churchwardens and Ovcrfeers of the poor, fhall hold a veftry at the church in the faid parifh, wnich fhall open at eight o'clock in the forenoon and (hall clofc at fix o'clock in the afternoon of the fame day, at which all perfons, not belonging to the Royal Navy, or ferving in the embodied Militia or Army, and being on that day in the faid parifh, fhall have liberty to attend. And the laid Minifter, Churchwardens^ and Overfeers fhall make out a true and correft lift of the chriftian and furnarne, trade, oc- cupation, age, and ufual place of dwelling, of all the men ol the age of 21 years and upwards, who on that day fhall be m their refpeftive pariflies, and who fhall appear ana claim a right to vote for the eleftioa of members of parlu Q 11 % Appendix. "kment, and fhall fubfcribe and take the following oath be» fore the faid Miniflers, Churchwardens and Overfeers, Who are hereby enabled and required to adminifter the fame viz. " I A. B. do fwear, that 1 am a natural born fubjecl ■of Great-Britain, that lam of the age of twenty one years, that I am not ferving in the embodied militia, nor belong- ing to the royal navy or army, and that I have not this day been to claim my right of voting for the eleftion of a Member of Parliament, or have been fworn for the fame before, in this or any other parifh or place> fo help me God." And fuch lifts fo made out fhall be certified, un- der the fignature and feal of the faid Minifter, and of each of the Churchwardens and Overfeers, who fhall attend .fuch veflry, to be a true and correct lift ; and a copy of the fame fhall be taken and preferved by fuch Minifter and by each of the faid Churchwardens and Overfeers ; and fuch original lift, togethei with all the copies of the fame, fhall on the 15th day of December next be carried by fuch Minifter, Churchwardens, and Overfeers to the Juf- tices of the Peace, who are hereby required to hold petty feflions on that day within their refpe&ive divifions ; and fuch lifts and copies fhall then and there be fworn to as true and corre£t before fuch Juftices of the Peace by fuch Minifter, Churchwardens, and Overfeers : and their re- fpe&ive affidavits fhall be certified on the faid lift by fuch Juftices of the Peace. And fuch original lift, fo fworn to s fhall by fuch Juftices of the Peace be tranfmitted to th e clerk of the peace of their rcfpeftive counties, or to the town clerk in cities which are counties of themfelves, fo that fuch clerk of the peace or town clerk may receive them on or before the fir ft of January next, And the faid clerks of the peace and town clerks fhall tranfmit the faid lifts to one of his Majefty's principal Secretaries of State, fo that he may receive them on or before the 20th of Ja- APPENDIX. 11 fr nuary next. And one of the faid Secretaries of flate flialE forthwith fend the faid lifts to the twelve Judges, who fhall meet in the Exchequer chamber onthe2iftof January, next for the purpofe of receiving luch lifts. And be it enacled, That the faid twelve Judges, then and there alfembled, fhall divide the total number of per, fons fo returned by the number five hundred fifty-eight, being the number of members to be chofen ; and the quo- tient found fhall be adjudged to be the number of perfons having a right to eletl one member of Parliament. And the faid Judges fhall then proceed to compute from the faid lifts the number of perfons who have a right to vote in each County, or City being a county of itfelf, in Great- Britain ; and (hall determine the number of members to be elected by each county, or city being a county of itfelf in proportion (or as near as may be) to fuch number o£ electors in each county or city, giving the advantage to the fmaller counties or cities where the numbers will not admit oi exa£l divifion. And the faid Judges having fa determined the number oi members- to be returned by- each county, and city being a county of itfelf, and the number of electors to chufe one member, fhall, on or be- fore the id of February next, tranfmit an account there-* gf to the Lord High Chancellor ot England. And be it enacled, That the faid Lord High Chancellor fhall, within four days alter receiving fuch account, iffue his Writ to the High Sheriff cf each county, and to the Chief Magiftrate in each city, which is a county of itfelf in Great Britain, dire6iing him to fummon a grand jury confifting of all fuch perfons then living as have been heretofore fummoned on grand juries at the aflizes in. his county, to meet at eight o'clock in the forenoon, os\» il6 APPENDIX the i oth of March next, at the ufual place of holding, the fummer aflizes for his county; and likewife the ML nifter, Churchwardens, and Overfeers of each parifh, within his county, to attend the faid grand jury. And the faid Chancellor fhall tranfmit to the faid High She- riff and Chief Magiftrate an account of the number off members, to be returned by his county, and of the num- ber of eleftors to chufe one member ; which account the faid Sheriff and Chief Magiftrate fhall deliver, or caufe ta he delivered, to the faid Grand Jury when affembled. And be it enacted, That on the 10th of March next, the faid High Sheriff of each county, and Chief Magiftrate of each city, which is a county of itfelf, in Great-Britain* |hall attend, and be foreman of, the faid grand jury : or in cafe o,f unavoidable abfence another perfon fhall be* chofen as foreman by the faid grand jury ; and fuch. fore- man is hereby authorized and required, firft to take, and then to adminifter to every perfon fummoned and who fhall attend the faid grand jury, the following oath : " I A. B- do fv/ear that in the allotment of the feveral parifh- es, or parts of parifhes, into diftrifls for the election of members of parliament within this county, I will aft ac» cording to the befl of my judgment and difcretion, fairly and equally, and for the conveniency of the faid diftricts, fo help me God." And the faid grand jury fhall then, proceed to diftribute into diftri&s the feveral parifhes of their county. And each diftrift fhall confift (as nearly as may be) of fuch number of perfons, having a right to vote, as are allotted to chufe one member of Parliament accord- ing to the lifts made out in fuch parifhes, which will ap- pear by the duplicates preferved by the Minifters, Church. Wardens, and Overfeers, who are hereby required to at- tend fuch grand jury with fuch duplicates. And where APPENDIX. lip parifhcs {hall be greatly too large or too fmall to form dif- tnfts of themfelves, fuch parifhes may be d,vided or join- ed either in whole or in part with other contiguous parifhes, for the purpofe of forming diftrifts as aforefaid, according to the judgment and difcre- tion of the faid Grand Jury. And the faid Grand Jury having fo divided their county into diftrifts, the fame {hall be adjudged to be and be called boroughs : And the faid. Grand Jury mall affix to each borough the name of the principal parifh in fuch borough. And the faid Foreman fhall return into the court of Chancery, fo that it may ar- rive there on or before the lft of April next, a lift of fuch boroughs within his county, certified under the hands and feals of the faid foreman and of all the members who attend the faid Grand Jury ; and fuch certificate {hall be in the following form : " We, whofe names are hereunto, fubfciibed and feals affixed, the Foreman and Grand Jury of the county of afiembled on the ioth of March 17& in purfuance of an aft palled in the year of his prefent Majefty's reign entitled An Aft, &c. do cer- tify that the above diftribution is Unequal divifion of the faid county, in to diftrifts as direfted by the faid aft, or a-s nearly fo as the circurnilances of this county would admit." And be it enafted, That each of the faid boroughs in Great Britain {hall be entitled in all future elections 10 eleft one member to ferve in the Commons Houfe of Par- liament, and no more. And each member fo elected {hall be called a burgefs. And the faid burgefTes {hall confti- tute and form the Houfe of Commons of Great Britain. And no county, city, or borough (other than is direfted by this aft) fhall in future be entitled to fend any Knight, Citizen, or Burgefs of Parliament. And be it enafted, That the Lord High Chancellor, Jl8 APPENDIX*. having received the returns herein before directed, to befc made to him by the faid foreman of Grand'-Juries, fhall^ on or before the 15th of April next, iffue his Writ to the High Sheriff of each county, and to the Chief Magiftrate of each city being a county of itfelf in Great Britain, for the eleftion of one member to ferve in parliament for each of the feveral boroughs within his county or city ; And the form of the faid writs fhall be fuch as is annexed to this aft. And the faid High Sheriff and Chief Magif- trate fhall, within four days after the receipt of the faid. Writ, iffue his precept to the Head Conftable or fenior Peace officer, for the time being, of each borough within ; his county or city, (who is hereby appointed returning officer of fuch borough) for the eleftion of one member to ferve in Parliament for the faid borough; and the form •f the faid precept fhall be fuch as is annexed to this aft v And be it enafted, That the returning officer of each borough fhall on the 15th of May next caufe proclama- tion to be made in each Parifh within his -borough, that, the day fixed for chufing a new Parliament is the firft of September following ; and that every perfon, intending to offer himfelf as a candidate for the faid borough, and «luly qualified by law, is to fend to him the faid returning officer a declaration in writing, figncd by fuch perfon, of his being a candidate to reprefent the faid borough ; fo. that he the faid returning officer may receive the fame on. or before the 15th of June next. And the faid returning officer fhall, on the 16th of June next, caufe the faid de- claration or declarations to be proclaimed in every paiifh within bis borough, and a copy thereof, attefted under lils fignature, to be affixed on the door of the Church of. every parifh within his borough ; or in cafe he fhall not have received any fuch declaration he fhall make procla-. APPENDIX. 11() mat ion that there are no candidates for the faid borough. And it {hall and maybe lawful for the inhabitants of fuch borough to affembie in their refpeftive parifhes on the 17th of June next, to confider of the candidates (if any) who offer, and to declare any other candidate or candidates they may think proper, by writing addreffed to the return- ing officer and figned by not lefs than one hundred of the faid inhabitants ; provided fuch declaration he delivered to the faid returning officer before fix o'clock in the even- ing on the faid 17th day of June next, and that the quali- fication of fuch candidate or candidates to fit in Parlia- ment be fituate within the faid borough. And the faid returning officer fhall, on the 18th of June next, caufe a lift of all fuch candidates, diftinguifhing thofe who offer themfelves from thofe who are fet up by the inhabitants, to be proclaimed in every parifh within his borough, and likewife a copy of fuch lift attefted under his fignature to be affixed on the door of the chuich of every parifh with- in his borough. And the faid returning officer fhall, o.n the faid 18th of June next, tranfmit by the poll to one of his Majefly's principal Secretaries of State a lift of fuch candidates; and one of the faid Secretaries of Slate fhall caufe the fame to be inferted in the Gazette on of before the 1 cth of July next : And no other perfon fhall thereafter become a candidate for fuch borough at fuch election. And be it enafted, That every perfon who fhall be fo» declared by one hundred of the inhabitants of any parifh to be a candidate for the borough in which fuch parifh is fituate, and whofe qualification fhall at the time of fuch declaration be fituate within the faid borough, fhail, if chofen, be compellable to attend parliament like other members. Provided always that no perfon having ferved for one parliament fhall be compellable to ferve again. And be it enafted, That the fenior peace officer for the time being of each parifh {hall aft as deputy to the return- ing officer of the borough in which iuch parifh is fituate» and fhall in all things refpefting this aft pay due obedi- ence to fuch directions as he fhall receive from the re- turning officer, and previoufly to his afting as his deputy Jhall take the following oath before the faid returning officer, •• I B. C. will faithfully and honeftly difcharge my duty as deputy to the returning officer of the borough of in the election of a Member of Parliament, fo help me God," which oath the faid returning officer is hereby authorized and required to adminifter. And be it eriafted, That. on the firfl of September next the fenior peace officer in each parifh throughout the king- dom of Great-Britain fhall make proclamation at 8 o'clock in the forenoon, at the church of the faid parifh, that he is immediately proceeding to the eleftion of a member to ferve in parliament for the borough in which fuch pa- tifh is fituate; and that fuch election will clofe at fix o'- clock on the fame evening. And fuch fenior peace offi- cer fhall then declare the names of fuch perfons as are le- gal candidates for fuch borough, and read or caufe to be read the claufes in this aft, which inflift penalties on per- fons who fhall be found guilty of perjury, bribery ^ cor- ruption, of other offences, again ft this aft, and which in- capacitate perfons convifted of certain crimes from being elefted, or from voting for the eleftion of, a Member of Parliament. And the faid fenior peace officer fhall then proceed to colleft the votes, by taking a poll in fuch man- ner, as is herein after direfted, of all fuch men as fhall on that day be in the faid parifh and fhall offer themfelves tc* vote. And fuch poll fhall continue open until fix o'clock in the afternoon of the fame day and no longer. And every man offering himfelf to vote, fhall give an account of his APPENDIX; 121 enriilian name, furname, trade or occupation, and ufual and laft place of abode, and fhall fign his name or make his mark oppofite to an entry thereof which (hall be made in a book to be provided by the fenior peace officer for iuch purpofe. And every man offering hirnfelf to vote fhall take the following oath, w r hich the faid officer is hereby authorized and required to adminifter ; "I A. B. do fwear that I am a natural born fubjecl of Great Britain, that I am twenty-one years of age, that I have not on this day voted before in this parifh or in any other parifh or place for the election of a Member of Parliament : that I am not an officer, non-commifiioned officer, warrant offi- cer, drummer, or private man in the embodied militia, na- vy, or army : and that my chriftian name, furname, trade, occupation, and ufual and laft place of abode i? fuch as by me now declared, fo help me God." And every man offering hirnfelf to vote (hall further take fuch oath or oaths as are, or may be enacled againft bribery and cor- ruption. And every man whatever (not of infane mind or a criminal incapacitated by law) offering hirnfelf to vote in any parifh, who fhall have given an account of hirnfelf as aforefaid, and fhall have taken the aforefaid oaths, fhall be admitted to vote at fuch elections for fuch legal candidate as he fhall think fit. And be it enacled, That in cafe the faid fenior peice ©fiicer fhail have caufe to fufpeft that any perfon voting at fuch election is not eniitled to vote according; to the true intent and meaning of this acl, or fhall be requefled by any ot the candidates or by any of their agents to place a quere oppofite to the name of any voter with the reafon of fuch quere, but fhall not refufe to take the vote of any man who fhall have figned the book and taken the oath s aforefaid : and the validity of fuch quered vote fhall after « R Xvards be determined, upon petition, by the committee of theHoufe of Commons to which fuch election fhal! be re- ferred. And fuch peace officer mall on the day next after the eleftion deliver to the returning officer of his borough the poll book fo taken. And the fenior peace officer of every parifti fiiall provide a fufficient number of clerks to aid and affifthim in taking the faid poll. And the Juf- tice oi the peace in their quarter feffions, to be held next after fuch expence for the hire of the faid clerks and the purchafe of the faid books mall have been incurred, {hall allow the fame, or fo much as they (hall deem reafonable and fuch expences fo allowed {hall be paid by the trea- surer of the county out of the county rates. And whereas men ferving as officers, non-commiffion- ed officers, warrant officers, drummers, or private men in the embodied militia, navy or army, may at the time of feleftion be aflembled together in large bodies in places dif* tant from their rcfpe8.ive parifhes, and if fuffered to vote like other fubje£ts for whatever borough they may chufe might combine together under improper influence and Vote in bodies, and thereby decide the eleftion in places to which they do not belong, and where they have no connexion, to the prejudice of the inhabitants of fuch places and of the kingdom at large : And whereas it would be unjuft that men who expofe their lives for the defence of their country fhould be deprived of thofe efTential rights which are by this a£l reftored to every fubjecl. Be it en- a&ed, for the prefervation of fuch rights, and for the pre- vention of fuch inconveniencies. That every officer, non-commiffioned officer, warrant officer, drummer, and private man in the embodied militia, navy or army, mall be entitled to vote for the election of a member to repre- lent him in Parliament, in the manner herein after direct- ed, and not otherwife. APPENDIX J J2>3 And be it ena£ed, That every officer, non-commiffion- ed officer, warrant officer, drummer, and private man in the navy or army, and every officer, non-commiffioned offi- cer, and drummer of militia when embodied, mail (it he {hall fo think fit) as foon as he fhall arrive, or be, in any port or place within this kingdom, go before and be exa- mined upon oath by a Juftice of the Peace touching the place of his laft fettlement if in England or of his birth if in Scotland; and fuch Jufhce of the peace (hall for the purpofe of this aft adjudge the fame accordingly, and give a certificate of fuch adjudication to the commanding officer ot the fhip, or corps to which fuch man belongs; and when any man fhall^enter or enlift, or receive a com- miffion in the militia, navy or army, a fimilar proceeding in refpeft to fuch man (hall be had it required; and the faid commanding officer (hall, from time to time, within eight days after the receipt of any fuch certificate from a , Juflice of the Peace, tranfmit the fame to the office of Admiralty or Wai office ; and fuch certificate (hall be filed and kept in the faid office as matter of record. And the board oi Admiralty or Secretary at War, fhall, within one month alter the receipt of fuch certificate, caufe a copy thereof attefted by the Secretary or chief clerk of the faid office to be tranfmitted to the parifh to which fuch man is adjudged to belong. And in cafe any man fhall be removed or drafted from one fhip or corps to an- other, an account of fuch removal (hall in like manner be certified to fuch parifh; and all fuch certificates fo tianfmitted to fuch parifh fhall be preferved in a cheft in the church of fuch parifh. And be it further enafted, That every officer, non-com- Biiffioned officer, warrant officer, drummer, or private man in the navy, or aimy, lhall be entitled to vote for the else* R 2 %2.4 APPENDIX." tion of a Member of Parliament only for the Borough k\ which the parifh to which he has been fo adjudged to be- long is fituate : And every officer ferving in the militia, who fhall have delivered in to the clerk of the peace his qualification, fhall, during the time he is embodied, be entitled to vote for the election of a Member of Parlia- ment only in fuch borough where fuch qualification, or the greater part thereof, is fituate : And every other offi- cer, non-commiffioned officer, and drummer of militia, fhall during the time he is embodied, be entitled to vote for the elcclion of a Member of Parliament only in fuch borough in which the parifh he fhall have been fo adjudg- ed to belong is fituate : And everv private militia man, while he is embodied, fhall be entitled to yote for the election of a Member of Parliament only for the borough in which the parifh he fhall then be ferving for is fituate* And the clerk of the peace in each county where the mili- tia is or fhall be raifed, fhall on the fiift of Auguft next make out a certificate of the qualification delivered to him of each officer who fhall then be ferving in the embodied militia, and fhall fign and tranfmit the fame to the fenior peace officer of the parifh in which the faid qualification or the major part thereof, is fituate. And be it enacted, That as foon as the lift of candi- dates fhall appear in the Gazette, every officer, non-com. miffioned officer, warrant officer, drummer and private man in the embodied militia, navy or army, who fhall at that time be refiding in Great Britain, or be in any port •within the kingdom, fhall, within twenty-fix days after the faid publication in the Gazette, (that is, on or before the ioth of Auguft next) have a right to go before a Juftice of the Peace, and give his vote in favour of anv perfon who is a legal candidate for fuch borough as he is entitled APPENDIX. 3 2^ *o vote for. And the faid Juftice of the Peace mall real to fuch pei fori a lift of the candidates for the borough for which he {hall claim a right to vote, as publilhed in the; Gazette ; and alfo the claufes in this aft which inflict penalties on perfons who {hail be found guilty of peijury, bribery, conuption, or other oflences againft this act, and which incapacitate perfons convicted of certain crimes from being elected, or from voting for the election. of a Member of Parliament : and {hall likewife adminif- ter to fuch perfons the following oath; li I A. B. do {wear that lam a natural born fubject of Great Britain, that I am twenty-one years of age, that I am an officer, non-commiffioned officer, warrant officer, drummer, or private man in the embodied militia,, navy or army fas the cafe may be,fpecijying the flip or corps to which Jack per Jon belongs) and that I have not before voted for any other place than that for which I now claim a right to vote." And likewife fuch oath or oaths as are, or {hall be, enafted againft bribery and corruption. And fuc'n Juf- tice of the Peace {hall then take an account of the name, rank, and corps ot fuch perfon, and of the candidate for whom he mail vote ; which account {hall be fubferibed and fworn toby fuch perfon, and certified by fuch Juftice" of the Peace, who fhall by the next poll tranfmit the fame: to the returning officer of the borough for which fuch per- fon (hall vote, fuch perfon paying to the clerk ot the faid, juftice of the Peace one {hilling for the fame, and no more. And the returning officers of the feveral boroughs {hall not be chargeable with any duty of poftage for let- ters containing fuch certificates. And be it enacted, That one of his Majefty's principal Secretaries of State {hall caufe the Gazette or Gazettes, containing the faid lift of candidates, to be transmitted. J26 APPENDIX} as foon as publifhe£, to every acting Juftice of the Peace within the kingdom. Provided always, That nothing in this aft contained fhall deprive or be conitrued to deprive any perfon be- longing to the militia when difembodied, from voting in; fuch borough as he mail think fit, in the fame manner as all other commoners are by this act, enabled to do. And be it enacted, That the faid returning officer fhall, immemateiy alter having received the poll books, proceed with the affiftance of the peace officers who have taken the poll books, to examine the faid poll books, together with fuch certificates as fhall have been made to fuch re- turning officer from Juftices of the Peace of the votes given by perfons in the embodied militia, navy and army, lor his borough ; and (hall compare fuch certificates of votes with the certificates before tranfmitted from the Ad- iniralty, or War-office, of the adjudications refpecting fuch rio;ht of voting : and with the certificates of the* cleiks of the peace concerning the qualification of offi- cers of militia : And fuch of the faid votes as fhall appear to the faid returning officer to be legal votes, fhall be by him admitted as fuch: And fuch returning officer fhall, within three days after the election, declare that candidate to be duly elected who fhall appear from the poll books, and from the certificate votes, to have the greatefl num- ber of legal votes in his favour, admitting fuch as are que-- ried. And the feveral returning officers Ihali, immediately after having made fuch declaration, make their returns to the precepts from their refpettive High Sheriffs. And the refpettive High Sheriffs fhall immediately after re- ceiving fuch returns from the returning officers, make their returns to the writs from the Lord High Chancel- lor. And the Lord High Chancellor fhall caufe a lift of: Appendix. 127 the names of the members who are returned for the re- fpe&ive boroughs, to be publifhed in the Gazette, on or before the the firft of Oftober next. And be it enacted, That it fha!l be lawfuf for evenr commoner (poffefTing a land qualification as by law direc- ted) to offer himfeH as a candidate for any borough with- in the kingdom, and for as many boroughs as he mall think proper ; and if any candidate is returned a member for more than one borough, fuch member fhall, within fourteen days after the lift of members returned fhall have been publifhed in the Gazette, make his option ia writing, diretted to the Lord High Chancellor of Eng- land, of the place lor which hechufesto lerve. And the Lord High Chancellor fhall forthwith ifTue a new writ for -a new elefHoa for that borough, or thofe boroughs, for which fuch member hath not made his option to ferve. And in cafe any vacancy fhall happen for any borough previous to the eleftion of afpeaker of the Houfe of Com- mons, the Lord High Chancellor fhall iffue his writ for fi.1. ling up fuch vacancy ; and in cafe any vacancy fhall hap- pen for any borough after a fpeaker is chofen, the fpeaker fhall ifTue his warrant for filling up fuch vacancy. And be it enafted, That when any vacancy for a bo. rough is to be filled up, fuch perfons only as by the poll books or certificates fna'l appear to have actually voted at the laft general election in or for tlje borough where fuch vacancy fhall happen, fhall have a right to vote at the elec- tion occafioned by fuch vacancy. And be it enafted, That the Houfe of Commons, fo cho- fen, fhall meet every year, when fummoned by his Majef- ty's proclamation for the difpatch of bufinefs : That ali petitions concerning undue returns fhall be prefented the firft day of the feflions : That the Houfe of Commons, i«8 APPENDIX. immediately after fweaiing their members, mail proceed to chufe Committees, as by law diretftd, to decide electi- ons againfl which petitions (hall have been prefented : That no other bufinefs fhall be proceeded on until all the faid controverted elections (hall be decided : That feveral Committees may proceed at the fame time on different elections : That the houfe fhall fit and be called over eve- ry day until .Committees' for all contefled eleftions fhafl be formed : That no Committee (hall be allowed to fit longer than three days for the determination of any elec- tion : That no counfel for any of the parties fhall be al" lowed to fpeak after the fir ft. day : and that the witneffes ihall be examined by the Committee and not by the coun- fel. And be it declared and enacted by the authority afore- faid, That the Houfe of Commons fo ele&ed fhall be ta* Iten and reputed to be the only true reprefentatives of all the Commons of Great Britain, and fhall by the con- fent of the faid reprefentatives, or by the majority of them bind the confent of all the Commons of Great Britain, in all matters and things on which the faid Houfe of Com- mons is competent to decide, and to the pafling of all fuch laws as parliament hath a right toenaft. And be it further enacled, That the Houfe of Com- mons fo rhofen, fhall continue and be the reprefentatives of the Commons of Great Britain for one year only, and no longer; to be computed from the firfl day of Septem- ber on which fuch election fhall have taken place. And that on the firfl day of September in every year, for ever after, (Or on the fecond of September when the firfl fhall fall on a Sunday) a/1 the Commons Of Great Britain (ex- cepting only minors, perfons of in fane mind, and criminals incapacitated by law) fhall proceed to the election oi new appendix; 129 Durgefles, in the fame manner and form as is herein be- Fore directed to be obferved for the eleftion of burgeifes or the year next enfulng. And whereas the oaths, which by this a£r. are directed to be taken, for preventing the admiflion of illegal votes, may not be a fufficient guard again ft the fame, unlefs the bieach oi fuch oaths be attended with punifhments ade- quate to fuch offences, be it enafted, That in cafe any perfon fhall be duly convifted of wilful perjury, in falfe- ]y taking any of the oaths prefcribed by this aft, everv fuch perfon fhall be committed to the common gaol of the county where fuch offence (hall have been committed, there to remain without bail or mainpn'ze for the fpace of three years, and be incapable of ever voting again in any borough for the election of a Member of Parliament. Pro- vided always that every profecufion for fuch offence (hall be commenced within twelve calendar months next alter the fame fhall ha.ve been committed, and not afterwards. And be it enatled, That no perfon who has been or fhall be duly convicled in a court of law within this realm' of the crimes of hi^h treafon, treafon, murder, felony/ perjury, forgery, grand or petty larceny, or any of them, fhall be capable of being elected, or of voting for the election of a Member of Parliament in or for any bo« rough within this kingdom. And be it further enacted, That if any perfon herein directed to perform or do any matter or thing relative to the carrying this act into execution, fhall neglect, or re- fufe to pay due obedience thereto, in fuch manner, and at fuch times, as is, and are herein prefcribed. ever/ perfon fo offending fhall forfeit the fum of five hundred pounds S '1?>Q A??EKDI'X, o to any perfon who fhall fue for the fame in any of his mSta jelly's eourts of record at Weftminfler by action of debt, biil, plaint or information, wherein no effoin, protection, or wager of Jaw, nor more than one imparlance ihall be allowed. And in cafe fuch offender fhall be the Lord High Chancellor, or any of the Judges, or either of the Secretaries of State, or any Clerk of the Peace, he fhall, over and above fuch penalty, be, from the time of fuch -conviction, in capable of ever holding any office of trull or profit. Provided always that every fuit, action, or profecution for fuch offence, fliall be commenced withy? twelve calendar months next after the fame fhall have 'been committed, and not afterwards. And whereas the Peers of Scotland in the Parliament *>f Great Britain are at prefent elected for feven years, whereby the faid Peers of Scotland arc not upon the fame footing with the hereditary Peers of England, be it en- acted by the authority aiorcfaid, That the Peers of Scot- land fliall, on the firft day of September next, proceed to the election of fixtecn Peers to fit in the parliament of Great Britain for the kingdom of Scotland, and that fuch fixteen Peers fo elected, and their heirs male fucceeding to their peerage, mail, from the time of fuch election, continue to fit and vote in the parliaments of Great Bri- tain, as Peers of Scotland, without any new election for fuch purpofe. And when any vacancy fliall happen, by the extinction of the male line in any of the peerages be- longing to the Peers elected to reprefent the peerage of Scotland in the parliament of Great Britain, fuch vacancy fhall be filled up by a Peer of Scotland, to be chofen by the Peers of Scotland ; and the Peer fo chofen, and his heirs male fucceeding to his title, fhall, from the time of fuch election, continue to fit and vote in the parliaments APPENDIX, JJ*} •f Great Britain, as a Peer of Scotland, without any new election for fuch porpofe. AnJ whereas Peers of Scotland having a right to fit,. and vote in the parliament of Great Britain, whether by election ot the Peers of Scotland, or by being alfo En- glish peers, ought not to have another vote to be repre« fented in the faid parliament, be it enacled, That no per- fon having a right to fit and vote in the parliament of Great Britain, either as a Peer of England or of Scotland fha'l have a right to vote for the election of a Peer of Scotland to fit and vote ia the faid parliament of Great: Britain. And whereas the Peers of Scotland, not elecled to fit- and vote in the parliament of Great Britain, will nave a more diftant profpeft ot heing fo elected, when the ri^ht of fitting and voting is hereditary in the male line of the families oi the peers fo defied, and when there will be no new eletlions excepting when fuch peerages in the male line (hall become extinct ; ana it is unreafonable that the Peers ot Scotland not elefted as af'orefaid, i'hould lor fo long a time hi deprived ot the capacity, which ail other fubjects within the realm have cf being created peers of Great Britain, and of being e'ected members of the Heufe of Commons ; And whereas it is alfo unreafonable that the fclde.ll fons, and heirs apparent, of Peers of Scotland. fliould not be eligible to rcpreicnt the commons ot Scot- land, in the fame manner as they, and the eldeif fons, and heirs apparent of the Peers of England, are eligible tore- prefent the commons in England, be it ena6:ed by the authority a fore faid, That all Peers of Scotland, as like- wife the elf'eil fons, and heirs apparent, of Peers of Scot- land, fnall in i\r.r,p be capable of being created Peers ol S a 33$ APPENDIX- Great Britain, and of fitting and voting in parliament hi confequence of fuch creation, and that the prior pofreffio.nl of a peerage of Scotland, or being eldeil fon or heir appa- ent, of a Peer of Scotland, fhall be no bar or hinderance to fuch new creation. And ihat all Peers of Scotland, not elefted to fit and vote in the parliament of Great Bri- tain, and the cldeft fons, and heirs apparent, of Peers of* Scotland, ihall be, and they are hereby declared to be ca- pable of being chofen to reprefent the Commons of Great .Britain, ior any borough within the realm, in the fame manner as other perfons not having a right to fit and vote in the Houfe of Lords. And that the pofTeffion of luch peerage of Scotland, or the being eldeff. fon, or heir appa- jent, of a Peer of Scotland, fhall be no bar or hinderance to fuch eleflion, in any borough or place within the realm* Form of the writ to be ijfued by the Lord High Chancellor*,, on or bejore the \5tl1 of April, every year, to the Hi?h Sheriff of each county, and to the Chief Magiflrate of each city, being a county of iff elf, in Great Britain. jO EORGE the third, by the grace of God of Great* ^-^ Britain, France and Ireland, King, defender of the faith, and fo forth. To the Sheriff of the county (or city) of greeting : Whereas by the advice and affent of our council for certain arduous and urgent affairs, concerning us, the Mate and defence of our king- dom of Great Britain, and the church, we have ordered a certain parliament to be holden at our city of Weflmin- fler, on the day of next enfuing, then and there to treat and have conference with the prelates and great men and peers of our realm, therefore we command and llriftly enjoin )ou, that you caufe proclamation of the day and place aforefaid io Lc made in your next coun« APPENDIX. 133 ty court to beholden after the receipt of this our writ, and that within four days after receiving this our writ, you iflue your precept to the Head Conftable or Senior Peace Officer for the time being, of each borough within your county (or city) for the election of one member to ferve in parliament for fuch borough, directing him, on the ill of September next, to caufe one burgefs of tha mo ft fufiicient and difcreet, freely and indifferently, to be elected by thofe who fhall be prefent at fuch election, ac- cording to the form of an aft paiTed in the year of our reign entitled" An act tor declaring and reftoring the natural, unalienable and equal right of all the com- mons of Great Britain (infants, perfons of infane mind, ana criminals incapacitated by law, only excepted) to vote in the election of their representatives in parlia- ment : For regulating the manner of fuch elections : For reftoring annual Parliaments : For giving an hereditary feat to the ftxteen Peers which mall be elected for Scot- land : And for eflabliihing more equitable regulations concerning the peerage of Scotland." And the names of thofe burgeiTcs fo to be elected (whether they be pre- fent or abfent) you caufe to be inferted in certain inden- tures to be thereupon made between you and thofe who {hall be prefent at fuch election and them at the day and place aforefaid, you caufe to come in fuch manner, that the faid burgeffes for themfelves and the commonality of the faid boroughs, may have from them full and fufiicient power to do and confent to thole things which then and there by the common council of our laid kingdom (by the bk fling of God) fhall happen to be ordained upon the afore faid affairs, 10 that for want of fuch power, through ^n improvidedt election of the faid burgeiTes, the aforefaid affairs may in no wife remain un£nifhed. Wil- ling neverthelefs that neither you nor any other Sheriff 434 4PPEN©m' of this our faid kingdom be in any wife ele&ed. Anc& that the ele&ions, in the full, boroughs in your county, fo made diftinctly and openly under your, feal and the feals- ot" tbofe who fhail be prefent at fuch election, you do cer- tify to U5 in our Chancery, at the place aforefaid, imme- diately after returns {hall have been made to your precepts irom the aforefaid head conflables or fenior peace officers of each borough within your faid county, (or city] re- mitting to us one part of the atorefaid indentures annexed to thefe prefents, together with this writ. Witnefs our-, jelf at Weftminfler the day of in the year of our reign, form of the precept to be ijjued by the High Sheriff of each county , and by the Chief Magi/irate of each city, beino- a. county of itfelf, in Great Britain, every year \ within four days after receiving the writ from the Lord High Chan- cellor, to the Head Conflable or Senior Peace Officer, for- the time beings of each borough within his county or city. . [to wit) A. B. Efq. Sheriff of the county (or city), aforefaid, To the head conilableor fenior peace officer of the borough of in my faid county (or city) greet- ing : By virtue of his Majelly's writ under the great feal of Great-Britain to me directed for eleclmg a burgefs to feive in the parliament to be holden at the city of Weft- minfler on the day of next enfuing, for the borough of aforefaid, Thefe are therefore to will and require you that you make proclamation within the faid borough of the day of election, and caufe freely and indifferently to be elefled one burgefs of the molt fuL ficient anddifcreet, by thofe who fhall be prefrnt at fuch tkclion, according to the form of an ac.1 palled in the year of our reign 3 en-. Appendix. 135 '•litled" An aft fcr declaring and refloring the natural, -unalienable, and equal light of ail the commons of Great Britain (infants, perfons of infane mind, and criminals in- capacitated by law, only excepted) to vote in the election of their rep: efentatives in parliament : For regulating the manner of fuch ele&ions : Fot lettering annual parlia- ments : Forgiving an hereditary feat to the fixteen Peers which fhall be elected for Scotland : And for eftablilhing more equitable regulations concerning the Peerage of Scotland." And the name of the faid burgefs (o e* lefted (whether he fhall be prefent or abientj you caufe to be inferted in certain indentures to be made between me and thofc who fhall have intereft in fuch e'e£!ion, and that you caufe him to be and appear at his fa ; d Majefty's parliament to be holden at the faid city of Weftminfter on the faid day of next en- fning, fo that the faid burgefs may have full and fufEcitut power for himfelf and the commonalty of the faid borough to do and confent to thofe things which of tlie common cmncil oi the faid realm fhall berequifite and neceflary t;> be done. And you are not to elect me or any other Sher- iff of Great Britain. And the faid election you are forth- with to certify to me, fending to me one part of the- faid indentures annexed to this precept, that 1 may certify, the fame to his Majefty in Chancery ; herein fail not Given under the feal ot my office this day of in the year o r the reign of cur fovcreigu Lord George the third, of Great-Britain and fo forth, and in the year of our Lord NOTE. The Form of the Writs and Precepts Hill in ufc, (which t%6 appendix: is fuppofed to be very antient,) has been adhered to a£ much aspoflible. And it is remarkable that thefe writs t o the Sheriff ftill direft, that all the members for the county, and for every city, and for every borough in his county, Jhall be elecled by thofe who at the proclamation (to be made in the county court) Jhall be prefent, according to the to the form of the flatute in fuch cafe made and pro- vided : Indentures are to be made between the Sheriff and thofe who Jhall beprefentatfuch eleclion i the election is to be made in his full county diftin&ly and openly, and the members are to come in fuck manner that they may have for themfelves, and the commonality of their refpeclive boroughs; &c, fufjicient power to do and confent to thofe things which by the common council of the kingdom may happen to be or. dained upon the f aid affairs (on which parliament is fum- moned)y curb the ambition of the Court, and the dread cf roufing this Spirit mult be employed to prevent that ambition. Nothing is fo effo&ual to thU puipofe as the Liberty ok the Pr e ss, by which all the learning, wu» and genius of the Nation may be employed on the fide of Fieed.im, and. every one be animated to us defence. As long, therefore, as the Refub li» can part of oui Government can maintain itfelf againft the Monarchical^ it will naturally be careful to keep the Prefs open, as of importance to its cwu pvwfcivation, Hume, en the Liberty of the Pre/}. u *?4^ ViPPENDIX. ed the "be fi men with the worft, and weakened and *'&jfL -olved, inftead of ftrengthenin-gand comparing the gene- ral frame of government. " All other plans that are of a 'palliative nature, have ^een found inefficient to intereft, and animate the great "body of the people, from whofe earneilnefs alone, any reform can be expected. A long exclufion from any •fhare in the Legiflature of their cOuntrv, has rendered the great mafs of the people indifferent, whether the mono- -poly that fubfifts, continues in the hands of a more or lefs •extended company ; or whether it is divided by them in- to fhares, of fomewhafmore or lefs juft proportions. The Public feels itfelf unconcerned in thefe contefts, except as to the oppreffions it suffers, and the exaftions it fuffers, which it knows muff continue fo long as the people re- gain deprived of all controul over their Reprefentatives. '* The leffer Reform has he.en attempted with every poffible advantage in its favour, not only from the zealous fupport of the advocates for a more effectual one, but irom the aHiftancc of men of great weight, both in and •out of power. But with all thefe temperaments and helps, it has failed. No one profelyte has been gained -from coriupticn, nor has the leajl ray oj hope been helA out from any quarter, that the Houfe of Commons was inclined to adopt anv other plan of leform. The weight of corruption has crufhed this more gentle, as it Would have defeated any mors efficacious plan in like cir- cumstances. From that quarter, therefore, I have no- thing to hope, IT IS FROM THE PEOPLE AT LARGE THAT I expect any GOOD ; and lam convinced, tint the only wav to make them feel that they are concerned, in the bufinefs, is to cento nd lor their fu!/ t dca>\ and in"- APPENDIX 147 mifputable right of univerfal reprefentation.'" Burke's Thoughts on the prefent DifconUnts. Speech Upon tie Re- form of the Royal Hou/hold. ** But the Houfe of Commons are corrupted and bri- bed ! — And if the nature of fuch an Aflembly demands to be corrupted in order to purfue the public good, who but a vifionary can wifh to remove corruption ? You »c's Example of France, a Warning to Britain. — Page 9%' •' Influence, or, as Reformers call it, corruption, is the oil which makes the machine of government go well." " Extravagant Courts, Selfish Minister?, and CORRUPT MAJORITIES, are fo intimately inter- woven with our practical freedom, that it would require better political anatomifts, than our modern Reformers, to fhew, on facl, that we did not owe our liberty to the identical evils which they want to expunge." YouNc'a Example of France, a Warning to Britain. — Page 171% A bold, animated, and mafterly writer, commenting ou this pafTage, fays, " Could the whole National Conven- tion more grofsly Libel the King, the Miniflers, and th c Parliament of this country ?" Peace and Reform. — Page 53. And yet this grofs Libel, this farrago of Toryifm, is fancliowd and WARMLY AND PUBLICLY RECOMMEND- ED by Mr, Reeves and his Conjlitutlonal AMbciates ! ! ! When the reader compares thefe paflages with that paf- fage in the " Addrefs on a Parliamentary Reform" fo much commented upon by the Attokney General, I per. fuade my felt he will inftantly pronounce this loyal effufi- «n of Mr. Young's, the molt barefaced and libellous ar._ tack on the Conftitution he has ever met with, and as far exceeding the •« Addrefs, &c. u in political guilt, as the meridian fun exceeds in fplendor the foggy v«poai of the U 9. }$h APPENDIX. night. — I imagine the reader will alfo be led to conclude,, th?it as / have been fo feverely fentenced for my crimes,, that jujlice has been done to Mr. Young in the fame proportion, according to the fuperior enormity of his of- fence, and that he is now doing penance for his political fins in fome gloomy folitary dungeon. — No fuch thing ! For His patriotic exertions, he has been rewarded with a prefent of a ROYAL RAM — whether it had a golden fleece or not, I will not take upon myfelf to decide ; but certain it is, that he at thk moment holds a very lucrative poll at the New Board of Agricul- ture ! — Had my Libels been equal to Mr. Y's. perhaps I aould have been appointed Printer to the — — 1 ! i ERRATA. Tage 5 Line 14, for thofe, read theft. 6 27, for ajociating, read ajfvciate, g 17, for received, read receive. g 21, for tawr, read had, j, 25, for qwjlicns, read quejlions. 18 23, for knowing, read beleiving, 17, for bijond, read beyond, 12, dele the word tfi. 74 28, for Nottingham, read Sheffield* j~ 26, for National, read Nat:onal. 77 2, for " ty arte Fear 0/" I?nprifonmenl," read ose y^JrVj; Imprifonmtnt. If 3, dele the words, " fi« lifornu AT LOS ANGELES ¥1 Z 657 H74v Holt - ~ X^vindi ca t i on of the conduct and principles of the printer of the Newark herald. 3 1158 00525 227 194$ UC SOUTHERN REGIONAL LIBRARY FACILI1 A A 000 096192 Z657 H74v